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In the present case, respondent conducted proper departmental inquiry and found the petitioner guilty. The petitioner was involved in 52 cases and subjected to different punishments. The petitioner is claiming that dismissal from service is harsh punishment, and it should be substituted with compulsory retirement.
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One wonders, however, whether anything meaningful is achieved by testing the ability of candidates in examination such as this, to qualify and obtain recruitment to civil posts, by testing whether they know that the word “OKEY”, is used, rarely, as a vulgarism of “OKAY”.
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Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.
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The instant case is a textbook example of how the affluent people try to flout the law by coercing the aggrieved party to settle the dispute, despite the offence being criminal in nature and approach the Courts citing settlement deed.
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‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’
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Without making any observations on the merits at this stage, Allahabad Court granted three days’ time to the Chief Standing Counsel to obtain complete instructions. It instructed that the position regarding the category of the road and the applicable norms should be clarified at the next scheduled hearing.
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The complainant was coerced into following a tribal or customary practice, such as “Mautana,” which involves compensating or appeasing the family of the deceased in cases of accidental death.
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‘Courts, while evaluating a challenge under Section 34, would not be justified in faulting an award merely because an alternative view was possible or that, in their opinion, a more just conclusion could have been reached.’
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The Court, however, opined that “Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”
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The bank has acted in an arbitrary and illegal manner by claiming that the entire bid amount shall be deposited by the petitioner, while on the other hand, avoiding the question of the supervening legal impossibility, which debarred them from issuing Sale Certificate or handing over the physical possession of the property to petitioner.
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The Court observed that the effect of the order was limited to 17-09-2024, indicating that the immediate urgency of the issue may be moot, however, recognised the need to address the concern of setting a future precedent.
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The present petition is instituted to question the show cause notice dated 07-12-2023 only after the show cause notice is adjudicated and the order dated 22-07-2024 is made.
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Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.
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The petitioner pointed out that respondents are keeping the elephants in captivity and in process giving inhuman treatment and out of 10 elephants, 2 elephants died and the respondents have concealed this fact from the Court.
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‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’
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In the present case, a call was made to the police station informing that a person was lying in an unconscious state due to electric shock. The post-mortem report also mentioned the cause of death as ante-mortem electrocution. Therefore, it is an undisputed fact that the deceased died due to electrocution.
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Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.
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The petition was filed by the Court suo motu in response to the tragic suicide of a law student at Amity Law School, affiliated with I.P. University, who took his life allegedly due to severe academic pressure stemming from attendance shortages.
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The Court opined that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.
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‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’
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