In this case, demands for dowry and dowry-related harassment of bride by husband and in-laws culminated in her murder. She done to death by strangulation in her matrimonial home and thereafter attempt made to camouflage her death as one which arose out of burn injuries. Medical evidence is quite clear that deceased was strangulated first […]
Penal Code, 1860 — Ss. 302, 498-A and 201 r/w S. 34 Read More »
Claims of Government/Revenue against corporate debtor which are not lodged before resolution professional, after issuance of public notices under Ss. 13 and 15, and not forming part of approved resolution plan, as such, on the date on which the resolution plan was approved by the NCLT, all claims stood frozen, and no claim, which is
Insolvency and Bankruptcy Code, 2016 — S. 31(1) r/w Ss. 13 and 15: Read More »
During the course of the investigation, it has been revealed that husband took the accidental insurance policy jointly with his wife on 29.09.2020 of Rs. 60 lakhs. The date of the offence is 26.12.2020 at 7:00 a.m. During the course of the investigation and from the call details, it has been revealed that husband was
Criminal Procedure Code, 1973 — S. 439 — Grant of bail — Necessity of recording reasons Read More »
As allegations of fraud committed by employee concerned on employer Bank were fully established, superannuation of employee concerned in the meantime is not relevant. Bank employees always hold position of trust where honesty and integrity are sine qua non and it would never be advisable to deal with such matters leniently. Dismissal restored. Para 10
Long practice which was being followed, if not contrary to law, must be given its true importance and ordinarily is not to be interfered with in exercise of power of judicial review under Art. 226. Held, appellant can certainly be relieved for that rotation year. Appellant directed to be considered for nomination as HoD/ Director when
Amendment having retrospective operation divesting employee of benefit already granted to him under existing Rules, violative of Arts. 14 and 16 of the Constitution. Employees who had opted for Pension Scheme had vested/accrued rights and any amendment to contrary made with retrospective effect taking away vested right accrued to employee under existing Rules was impermissible.
Facts not relevant/ not sufficient for giving a clean chit to the accused concerned, nor for quashment of criminal proceedings. Quashment of FIR by High Court against private respondents on ground that fabrication of documents is permissible if it does not cause loss to the revenue, held, completely unsustainable. No purpose of sending the matter
Held, since no financial loss was caused to bank, on the contrary decision to reduce loan amount was taken in bank’s interest, and fact that in appellant’s service span of 28 years, no allegations were made against him, punishment of removal for charges proved and misconduct established, is too harsh and disproportionate. Substitution of punishment
Service Law — Penalty/Punishment — Proportionality/Quantum of punishment: Read More »
Application under S. 156(3) CrPC without affidavit duly sworn by complainant cannot be entertained by Magistrate. When complaint was not supported by affidavit, magistrate oght not to have entertained application under S. 156(3) CrPC. High Court also failed to take into consideration legal position enunciated by SC in Priyanka Srivastava (2015) 6 SCC 287, and
Though it is settled law that the Rules applicable in matters of determination of pension are those which are in force at the time of retirement, but, held, that does not mean that employer can depart from this principle arbitrarily and confer benefit of Rules in force at the time of appointment, for computation of
Service Law — Pension — Qualifying period/service — Parity: Read More »
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