Negotiable Instruments Act - Compounding of Offence – Petition under Sections 482 and 397 CrPC seeking compounding of offence under Section 138 of the Negotiable Instruments Act – Powers under Section 147 of the NI Act can be invoked at any stage of the proceedings including trial, appeal, or revision – Courts encouraged to be liberal in exercising such powers – Offence com...
Civil Procedure – Injunction – Prima Facie Case – Plaintiff’s suit withdrawn without permission to file afresh. Demarcation by revenue officials found no encroachment. Held, no prima facie case or irreparable loss established by the petitioner. Petition dismissed. [Paras 1-6]
Previous Suit Withdrawal – No Permission to Refile – Earlier suit was with...
Motor Vehicles Act – Liability of Insurance Company – Two Driving Licenses – Appeal against liability based on the driver holding two licenses. Held, merely holding two licenses does not invalidate either unless proven fake. Both licenses issued to the driver were valid on the date of the accident, hence, the insurance company remains liable. [Paras 1-8]
Residency Re...
Service Law - Gratuity and Interest - Payment and Refund – LPA challenging Single Bench order allowing interest on gratuity amount from 26.03.2002 to 01.11.2010 – Employee retired in 2001, received gratuity but had to refund it upon opting for the pension scheme – Supreme Court in Allahabad Bank &Anr. vs. All India Allahabad Bank Retired Employees Association ruled employees ...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Anticipatory Bail – Evidence Linking Appellant – Appeal for anticipatory bail under Section 14-A SC/ST Act. Allegation of using objectionable words against a community over the phone, with the audio recording going viral. Held, no evidence linking the appellant to making the audio viral. Bail granted. [Paras 1...
Constitutional Law - Maintainability of Writ Petition - Article 226 -Writ petition under Article 226 of the Constitution of India challenging the order of RERA— Petitioner's contention that the delegation of powers by the RERA to the Adjudicating Officer is beyond jurisdiction— Held that Section 81 of the Act empowers the RERA to delegate any of its powers except for framing regula...
Criminal Law – Rape – Conviction and Sentence – Appeal against the conviction of the appellant under Section 376 IPC for sexually assaulting his minor daughter. Held, the prosecutrix's testimony, supported by medical evidence and other witnesses, is reliable and cogent. The delay in lodging the FIR does not invalidate the complaint, given societal reluctance to report such cr...
Employment Law – Termination During Probation – Misconduct Allegation – Appeal against the order of termination during probation. Held, termination based on unsatisfactory work and conduct during probation is neither stigmatic nor requires a detailed inquiry unless misconduct is specifically attributed. The appellant's termination, based on a "below average" ACR and...
Acquisition of Land – Public Interest and Compensation – Notification under Section 3(1) of the PMP Act issued for laying a petroleum pipeline. Landowners’ objections raised regarding the use of horticultural land and public interest considerations. Competent Authority failed to address objections adequately. High Court directed a reassessment of objections and compensation based...
Civil Procedure – Breach of Injunction Order – Appropriate Remedy – Petition challenging criminal complaints for breach of an ad-interim injunction. Held, breach of an injunction should be remedied through Order 39 Rule 2A CPC. Recourse to Section 340 CrPC and Sections 191, 193 IPC is not appropriate for such breaches. Complaints and consequential proceedings quashed. [Paras 8-10...