...dishonoured cheque. It is trite law that a juristic person acts through human agents and therefore the role of the petitioner as a signatory of the company clearly makes him vicariously liable for...the proceeding at this stage. It is, however, open to the petitioner to agitate all defences in the course of trial of the instant case in accordance with law 3and the observations.... For the Petitioner Mr. Sumanta Ganguly . For the OP.2 It is submitted on behalf of the petitioner that he had retired from the directorship of the company when the alleged cheque was presented for...

...of justice. It is settled law that the evidence produced by the accused in his defence cannot be looked into by the court, except in very exceptional circumstances, at the initial stage of the criminal proceedings. ...allowed.8. It is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge...that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 CrPC for quashing criminal proceedings. It is...

....9. It is trite law that cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice. If the court grant...law laid down by this Court on the scope of the power to be exercised in the matter of cancellation of bails, it is necessary to examine whether the order passed by the Sessions Court granting bail is...that no specific overt act was attributed to any of the accused, except for omnibus allegations made against them. It is argued that the complaint that was made by Respondent 2 is on the basis of vague...

...reasonable or probable cause.6. It is however not necessary to examine the question of malice in law in this case, for it is trite law that if...premature retirement so as to amount to malice in fact. Malice in law is however, quite different. Viscount Haldane described it as follows in Shearer v. Shields (1914) AC...and amounted to the imposition of one of the major penalties under the Central Civil Services (Classification, Control and Appeal) Rules, 1965.3. It is not in controversy...

...is trite law that the voluntary disclosure does not release the appellant assessee from the mischief of penal proceedings. The law does not provide that when an assessee makes a voluntary disclosure of...disclosure of its income, it would have filed the return declaring an income inclusive of the amount which was surrendered later during the course of the assessment proceedings. Consequently, it is...clear that the assessee had no intention to declare its true income. It is the statutory duty of the assessee to record all its transactions in the books of account, to explain the source of payments...

....7. It is trite law that a taxing statute has to be strictly construed and nothing can be read into it. In the classic passage from Cape Brandy Syndicate (1921) 1...has failed to clarify its meaning by the use of appropriate language, the benefit thereof must go to the taxpayer. It is settled law that in case of doubt, that interpretation of a taxing statute which...assessment on lands used for non-agricultural purposes. Section 2(d) defines “industrial purpose”, so far as it is relevant to these appeals, to mean “any purpose connected with an industrial...

...Disputes Act, 1947.4. It is trite law that for termination in breach of Section 25F of the Industrial Disputes Act, 1947 reinstatement need not necessary follow and compensation may be an...appropriate measure of relief. It is on the aforesaid basis that the High Court had modified the order of the Labour Court. However, in the present case, it appears that the Management had...the Labour Court in the above terms. We make it clear that we have passed the above order in the peculiar facts of the case, namely, that the appellant - workman has been reinstated and is continuing in service since 2012....

...the date of personal hearing. It is trite law that the date of the order has to be passed on the date of personal hearing. For eg.,the date of furnishing reply to SCN is 15.11.2023 and.... 5. It is basic to procedural law under taxing statutes that opportunity of personal hearing must be provided to an assessee before any assessment/adjudication order is passed a...find it strange and wholly unacceptable merely because the substantive law has changed, the revenue authorities have 1...

...the respondents and thereby the respondents parted with the property. It is trite law and common sense that an honest man entering into a contract is deemed to represent that he has the present...aforesaid averments in the complaint, it is concluded that the MOU was signed with mala fide and criminal intention of grabbing money and goods from the complainant's Company. The averments made in that...regard are as under:“From the above it is very clear that MOU was signed by the accused with mala fide and criminal intention of grabbing money and goods from the...

...word and we decline to re-appreciate the evidence.6. It is trite law that when the evidence against an accused person, particularly when he is charged with a grave offence like...circumstantial and doubtful the conviction was unsustainable. It is true that there are no direct witnesses to the actual murder. Even so, an impressive array of telling circumstances has, according...false. Indeed, among the circumstances which go against the accused's innocence is the falsity of the plea that he put forward. It is not illegal to take into consideration this circumstance also if...

...counsel appearing on behalf of the complainant that at this stage, we should not go into the merits of the FIR or the said suicide note. It is trite law now that where there is some material alleged in the...Naranpura Police Station.2. The said FIR is a long document which has been filed by one Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent from the said report...transferred, yet he kept on continuously using her husband. In the year 2007, Madan Mohan Singh came back on transfer in the Microwave Project as DET. It is alleged that on the day when Madan Mohan Singh...

...therein is perverse, in the sense that the findings of fact, arrived at by the Tribunal are not based on the material placed before it or that the relevant material has been ignored by it. It is ...the material taken into consideration by the Tribunal in support of its finding thereon and given its reasons for holding that that question is not a substantial question of law. It needs to be...Court has to record its satisfaction as to whether or not “the case involves a substantial question of law”. In the instant case, it is clear from the aforeextracted order of the High Court that it does...

...with another Single Judge of the same Court. It is trite law that the matter has to be referred to a larger Bench in case of disagreement by a Coordinate Bench of equal strength...who are guilty of malpractice either by criminal prosecution or even by an administrative enquiry is certainly a time-consuming process. If it were to be the requirement of law that such...which reason the cancellation of the entire selection process is contrary to the law laid down by this Court. Irreparable injury and untold misery will be caused to such meritorious candidates who were...

...makes it clear that though the maximum sentence was prescribed, there was no minimum sentence prescribed.7. It is trite law that the sentence imposable on the date of...appeal, learned Senior Counsel for the appellant submitted that the evidence adduced by the prosecution to establish the accusations was not sufficient to record the conviction. Additionally, it is...Dr. Arijit Pasayat, J.— Heard learned counsel for the parties. Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court...

...materials so produced may result in injustice, apart from averting an exercise in futility at the expense of valuable judicial/public time. It is trite law that the standard of proof normally adhered...satisfied that it is “necessary or desirable”, that it should be produced as being relevant for the inquiry. Therefore, the learned Judge proceeded to advert in detail to the reasons assigned by the..., anterior in point of time to framing charges. It is envisaged therein that upon consideration of the record of the case, police report and the documents submitted therewith and after hearing the...

..., however, clarify that dismissal of the appeal should not be construed as approval of the conduct of the statutory authority in the manner in which it is sought to be done. The statutory authority, like GDA, being the State within ...to cancel or not, the monies must be returned with interest at the rate of 18%. We say so because it is clear that even if the body has not already floated another scheme on the same land it is clear...with interest @ 15% per annum in the self-financing scheme by way of the reservation letter. It is stated that the appellant had deposited the entire amount without any default. It is further stated...

...accordance with the requirements of Section 100. It is trite law that under Section 100 CPC a High Court can entertain a second appeal only if the High Court is satisfied that the case involves a...substantial question of law. Sub-section (4) of Section 100 provides that where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. Sub..., if any, considered, nor has it formulated the substantial question of law on which the decision in the second appeal was being given. The High Court has proceeded as if it were deciding a first...

...authority under Section 148 and, therefore, “acquiesced off the grievance”.4. We are afraid that the High Court was in error on both counts. It is trite law that when an....5. It is, therefore, necessary to set aside the order of summary dismissal of the writ petition and to restore the writ petition (Writ Petition No. 356 of 1991) to the...Order1. Under appeal by special leave is an order of a Division Bench of the High Court at Bombay, sitting at Panaji. By that order the writ...

...yet, the appellant has not chosen to implead the Collector by name against whom allegations of malafide s have been made. Apart from this, there is no pleading with regard to the malafides. It is trite law.... 6. It is well settled in law that transfer is an incidence of service. Appellant admittedly holds a transferable post. Which employee should be posted where is a matter for the...that from perusal of the impugned order, it is evident that appellant has been shown to be transferred at his request. However, it was asserted that appellant has never made request for his transfer. It...

...review petition came to hold that the Commission had not based its conclusion on any data. It is trite law that it is not open for any court to sit in judgment as on appeal over the conclusion of ...’ in the Central Secretariat Stenographer Service to Rs 1640-60-2600-EB-75-2900 with effect from 1-1-1986. It is to be noted, as indicated supra, that on 4-5-1990 the Ministry of Finance, Department...-2600 w.e.f 1-1-1986. The view of the Union of India was that Stenographer, Grade II is not in comparable grade with Stenographer, Grade ‘C’ in the Central Secretariat. According to it, services in...