Alteration of Charge--Trial Court has to consider and dispose of application moved by complainant order section 216 in light of evidence available on record. 943
Ancestral Property--A sole surviving coparcener is entitled to dispose of co-parcenary property as it was his separate property 905
Conscious Possession--When accused was sitting over jute bag until it is proved that he knew it well that there was poppy husk stored in the bag, no conscious possession can be inferred. 937
Dishonour of cheque--Complaint by partnership firm--Who can file--In partnership firm each partner’s act on behalf of firm is valid--No specific authorisation is required for partner to file a complaint. 882
Dishonour of cheque--Service of Notice--Presumption--Once notice has been sent by registered post with acknowledgement due in a correct address, it must be presumed that the service has been made effective. 882
Expert evidence--Comparison of thumb impression--Opinion of expert--Divergent view--Where divergent opinion of experts are available on record then court can prefer one which is more logical and well reasoned. 926
Mortgage--Usufructuary Mortgage--Custodian had every jurisdiction to accept redemption--Appellant who claims to be in possession of property being member of scheduled castes has no locus or right to challenge redemption of mortgage. 949
Reinstatement-- Rule of ‘first come, last go’ could be deviated by the employer in cases of lack of efficiency or loss of confidence-But burden is on the employer to justify deviation. 891
Reinstatement--For attracting the applicability of Section 25-G of the Act, the workman is not required to prove that he had worked for a period of 240 days during twelve calendar months preceding the termination of his service and it is sufficient for him to plead and prove that while effecting retrenchment, the employer violated the rule of ‘last come first go’ without any tangible reason. 891
Temporary Injunction--Joint Land--Parties are in joint possession of suit land--Partition proceedings are pending--Defendants/appellants cannot be permitted to raise construction on joint land without partition--Temporary injunction rightly granted in favour of plaintiff-respondent.
