AI Overview...
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Termination Due to Misappropriation - Employees can be dismissed if misappropriation is proven, whether by the wife or husband, especially in cases where such acts are established through evidence. The decision to terminate service is at the discretion of the management or employer, and misappropriation over a period (e.g., 1.5 years) can justify dismissal. Lakshminarayana I Bhat, S/o. Ishwara Bhat VS Assistant General Manager (Personnel) - Karnataka, Bannari Amman Sugars Limited, Rep. by its Chairman VS R. Sakthivel - Madras, Lakshminarayana I Bhat VS Assistant General Manger (Personnel) and The Disciplinary Authority Industrial Relation Division Syndicate Bank, Head Office - Karnataka
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Nature of Misappropriation - Misappropriation may involve theft, manipulation, or unauthorized use of funds or property, which can be grounds for termination. In some cases, the misappropriation is not a single incident but ongoing, strengthening the case for dismissal. Lakshminarayana I Bhat, S/o. Ishwara Bhat VS Assistant General Manager (Personnel) - Karnataka, Ajay Kumar VS Geetanjali Devi - Jharkhand, Hindustan Coca-Cola Beverages Private Limited, Hyderabad VS Assistant Commissioner of Labour, Ranga Reddy Dist. Circle-I - Andhra Pradesh
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Legal and Discretionary Aspects - While the law recognizes the employer’s inherent right to terminate employment upon proven misappropriation, the decision remains within management's discretion, especially if the misconduct impacts the employer's trust or contractual obligations. Courts generally uphold dismissals if evidence supports misappropriation. Bannari Amman Sugars Limited, Rep. by its Chairman VS R. Sakthivel - Madras, Lakshminarayana I Bhat VS Assistant General Manger (Personnel) and The Disciplinary Authority Industrial Relation Division Syndicate Bank, Head Office - Karnataka
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Specific Cases Involving Family and Property - In family law contexts, allegations of misappropriation of money or property (e.g., ornaments, cash) by the wife or husband can lead to legal claims or property recovery, but employment termination due to such acts depends on proof and context. Misappropriation by a spouse may also involve criminal proceedings, but employment termination is a separate administrative or contractual matter. Amanulla Khan VS Sajeena Vahab - Kerala, PANKAJAKSHAN NAIR vs PRADEEP CHANDRAN - Kerala, Pratap Sil VS Banesh Sil - Gauhati
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Summary - Employees, including spouses in family-related cases, can be terminated for misappropriation if proven with sufficient evidence. The decision primarily rests with the employer or management, who have an inherent right to dismiss for misconduct, provided due process is followed. Criminal allegations may support such actions but do not automatically mandate termination unless linked to employment misconduct.
References: - Lakshminarayana I Bhat, S/o. Ishwara Bhat VS Assistant General Manager (Personnel) - Karnataka - Bannari Amman Sugars Limited, Rep. by its Chairman VS R. Sakthivel - Madras - Lakshminarayana I Bhat VS Assistant General Manger (Personnel) and The Disciplinary Authority Industrial Relation Division Syndicate Bank, Head Office - Karnataka - Ajay Kumar VS Geetanjali Devi - Jharkhand - Hindustan Coca-Cola Beverages Private Limited, Hyderabad VS Assistant Commissioner of Labour, Ranga Reddy Dist. Circle-I - Andhra Pradesh - Amanulla Khan VS Sajeena Vahab - Kerala - PANKAJAKSHAN NAIR vs PRADEEP CHANDRAN - Kerala - Pratap Sil VS Banesh Sil - Gauhati
Search Results for "Can Husband be Terminated from Service Due to the Misappropriation of Money by the Wife"
2018 0 Supreme(Jhk) 1542 • India - Jharkhand
APARESH KUMAR SINGH, RATNAKER BHENGRA
in the Batra Hospital and due to which he has been terminated from the service. – It is seen that no such cruelty as alleged on ... and wife may have had, would only be something that would essentially be a matter between the husband and wife and for that the ... unbelievable. – Rather what has been brought in the evidence from the respondent side is that he has committed some manipulation and misappropriation ... In fact, the petitioner committed manipulation and #HL....
2011 0 Supreme(Kar) 1116 • India - Karnataka
A.N.VENUGOPALA GOWDA
LABOUR & SERVICES - Dismissal from service: [A.N. ... LABOUR & SERVICES - Dismissal from service: [Dr. Mukundakam Sharma & Anil R. ... Misappropriation committed was not on a single day/single instance, but was otherwise. ... ... I have started this misappropriation since about one and half years. During my tenure in Loan Dept. I have started this misappropriation by availing LD against PD of Mr. ... The charge of misappropriation leveled against th....
2007 0 Supreme(Mad) 2947 • India - Madras
S.ASHOK KUMAR
HELD, that in a contract for personal service such a suit is not maintainable. ... There is an inherent right of the master to punish the servant and terminate its service of contract for personal service will remain value only if the servant discharges his duties to the satisfaction of his master. ... In case, the misappropriation is proved, there is possibility for termination of his service. Such a decision purely rests within the discretion of the management. If the management feel....
2024 0 Supreme(Ker) 1435 • India - Kerala
(A) Code of Criminal Procedure, 1973 - Section 188 - Quashing of FIR - Allegations of misappropriation and ... When he realized that the complainant’s son came to know of the misappropriation committed by him he terminated his employment and left Oman. ... Sri.Muhammad Abdul Vahab, her husband, started the company in 2002. Her husband died on 3.2.2005 due to cardiac arrest. After the death of her husband, the complainant became the shareholder of the company and took ....
2011 0 Supreme(Kar) 529 • India - Karnataka
A.N.VENUGOPALA GOWDA
The petitioner admitted to the misappropriation but sought a modification of the punishment. ... Final Decision: The writ petition was dismissed, and the court upheld the dismissal of the petitioner from service. ... Fact of the Case: The petitioner, an Assistant Manager at Syndicate Bank, was dismissed from service for misappropriating ... Dismissed the petitioner from service of the bank. ... 3. Petitioner submitted an Appeal dated 24.10.2007, which upon consideration, having been found to be unacceptable, the orde....
2017 0 Supreme(Ker) 216 • India - Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN
Due to unauthorized absence thereafter, her service was terminated. While working as teacher, she was getting Rs. 650/- per month as salary and she used the same for her purpose. She left the matrimonial home along with her ornaments and dress on her own accord. ... It is not mentioned either in the plaint or at the time of evidence, when this amount was misappropriated by the second defendant and what is the role of the second defendant in the act of misappropriation. ... The case of the plaintiff in the petition was th....
2017 Supreme(Online)(KER) 33309 • India - High Court of Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
and gold ornaments reportedly misappropriated by her husband and father-in-law after their marriage, citing ongoing cruelty and ... Family Law - Property Claims - Family Courts Act - Section 14 Fact of the Case: The plaintiff sought return of money ... ornaments to the defendants, establishing their liability, but overturned part of the judgment regarding the fridge and additional cash due ... Due to unauthorized absence thereafter, her service was terminated. While working as teacher....
2012 0 Supreme(Gau) 393 • India - Gauhati
UJJAL BHUYAN
406 - Dowry Prohibition Act - Section ¾ - Started mental and physical torture on his daughter with the sole intention - Entire money ... with ATM facility - Allegation in complaint is bank passbook and the ATM card were taken by the accused and they had withdrawn money ... Court held that Section 498 A IPC is a continuing offence and, therefore, in an offence under aforesaid section - Place where the wife ... The second part of the complaint deals with compelling the complainant's daughter to part with her money which sh....
2025 Supreme(Online)(Del) 6657 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHA SHANKAR, JJ
Court held that the Appellant did not prove any financial contribution to the purchase of the subject property, or any fraudulent misappropriation ... A housekeeper or maidservant can do the household work, such as cooking food, washing clothes and utensils, keeping the house clean, etc. but she can never be a substitute for a wife/mother who renders selfless service to her husband and children. 27. ... The gratuitous services rendered by the wife with true love and affection to the ch....
• India - Andhra Pradesh
S.B.SINHA, V.V.S.RAO
bottled by another company being Spectra Bottling Company Limited - Although the appellant herein had no liability to take over services ... In the enquiry, all the employees were found guilty of the charges of misappropriation. Consequently, they were dismissed from service by orders dated 25-8-1999. ... As a matter of fact the scheme itself shows that the employees of the company who were not taken over by the corporation were to be paid by the Company all money due to the munder the law. ... Section ....
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