Principles clarified regarding permissibility and limitations on direction for further investigation or reinvestigation, by High Court by invoking its inherent powers under S. 482. Held, we can reasonably cull out the principles for application to the present case as follows: The scheme of the Code of Criminal Procedure, 1973 is to ensure a fair trial and that […]
In this case, scandal alleged as to sale of used tickets/fake tickets/tickets bearing the nomination of higher value in certain buses of Punjab Roadways. There was absence of valid proof as to recovery of tickets and inquiry report submitted by the Enquiry Committee. Resultantly, considering said infirmities, appellant conductors, acquitted. [Jarnail Singh v. State of
Penal Code, 1860 — Ss. 409, 420, 467, 471, 474, 477-A r/w Ss. 109 and 120-B Read More »
When someone who sustained gunshot injuries and profusely bleeding was attacked again and the persons who attempted to come to his rescue were also attacked the only inference that can be drawn from such circumstances is that the common object was to do away with the life of that person. In the facts and circumstances,
Principles summarised regarding scope of admissibility of facts disclosed by accused in police custody. “it may be noted that the trial court had allowed the entire disclosure statements of the three accused to be admitted in evidence by exhibiting the same as Ex. PW-39/B, PW-41/B and PW-41/C. The said statements were recorded by the PW-48,
First part protects any right, privilege, obligation, etc. under the amended Act or repealed Acts. Proviso thereto provides that any tax exemption granted as an incentive against investment shall not continue as a privilege if the said notification is rescinded on or after the appointed day. Para39. On the issue that the Union should have
Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope Read More »
Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued by the High Court? Held, deposit of Rs 4500000 would meet the ends of justice. Thus direction of High Court to deposit entire decretal sum
In this case, around 6:30 p.m., Shri Iqbal Bahadur Saxena, Principal of the Chandra Shekhar Azad Inter-College, since deceased was sitting with his family physician and private practitioner Dr. Asghar Ali in the verandah outside his office, situated in the college campus. He sent his security guard Fazal Maseeh to fetch an empty bottle of
Legality of refusal of application to file suit as indigent person, on ground of res judicata and lack of cause of action, determined. When having prima facie found that the plaint does not disclose any cause of action and the suit is barred by res judicata it cannot be said that the Trial Court committed
Duomatic Principle applicable even in the Indian context – Strict adherence to a statutory requirement may be dispensed with if it is demonstrated otherwise on facts, if the same is consented by all members – Principle is only applicable in those cases wherein bona fide transactions are involved – Fraud is a clear exception. (Para
In this case, deceased, a mason, aged 48/52 yrs, died in January, 2002 and was survived by his widow and children. For determination of compensation, future prospects and rise in income, considered. Held, We are of the opinion that in the facts and circumstances of the case, if 25% of Rs. 3,000/- per month is
Motor Vehicles Act, 1988 — Ss. 166 & 168 — Fatal accident — Just compensation: Read More »
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