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MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Service matter – There is a bar as such if the proceedings are not instituted while the employee was in service, for events which took place more than four years before such initiation

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149  – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

DNA – Evidentiary value of blood tests for determining paternity

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CrPC S. 482 - Revisable order - Does not bar or prohibit jurisdiction of High Court under S. 482 when there is apparent illegality  - If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall

CPC O. 21 - Decree - If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it - If dep[opsited in court mandatorily should be deposited in a bank

Home Service Matter

Service matter – There is a bar as such if the proceedings are not instituted while the employee was in service, for events which took place more than four years before such initiation

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2022 PLRonline 0497

Service matter

Punjab & Sind Bank (Employees) Pension Regulations, 1995, Regulation 48 – There is a bar as such if the proceedings are not instituted while the employee was in service, for events which took place more than four years before such initiation – Purpose is to protect retirees as such and does not permit the bank as such to initiate such departmental proceedings after the fixed time frame – Show cause notice issued on 18.01.2014—Charge-sheet issued on 26.11.2015—Disputed transactions ranged from 09.09.2008 to 25.03.2011—Employee retired on 31.03.2012—Proceedings against employee initiated on 18.01.2014— There is a bar if proceedings not instituted while employee was in service for events which took place more than 4 years before such initiation – Constitution of India, 1950, Arts. 226 and 227—Letters Patent Appeal

Tags: 1995, 2016, advocate, Charge sheet, conduct, def, Departmental Proceedings, Disciplinary proceedings, Fraud, Gm, Judgment, Judicial precedents, Judicial proceeding, Jurisdiction, Justice GS Sandhawalia, Justice Vikas Suri, Limitation, nary Proceedings, Pension, Punjab & Sind Bank (Employees) Pension Regulations, Punjab and Haryana, Quashing, Retirement - Disciplinary proceedings, Service, Service matter, Writ, Written Statement
Tags: 19952016advocateCharge sheetconductdefDepartmental ProceedingsDisciplinary proceedingsFraudGmJudgmentJudicial precedentsJudicial proceedingJurisdictionJustice GS SandhawaliaJustice Vikas SuriLimitationnary ProceedingsPensionPunjab & Sind Bank (Employees) Pension RegulationsPunjab and HaryanaQuashingRetirement - Disciplinary proceedingsServiceService matterWritWritten Statement

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