A. Criminal Procedure Code 1973- Section 174- Inquest report- Purpose of – IS only to notice as to whether murder committed was homicidal in nature or not and not for making a note in regard to identification marks of accused. (Paras 4, 24) B. ..
A. Indian Evidence Act, 1872- Section 114- Presumption – Kidnapping and murder case- Recovery of articles would raise presumption of quilt- Application such presumption is limited – A presumption may be in respect of commission of theft or receipt o..
A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..
On 26/9/08 the Single Judge of A.P. High Court Hon'ble Justice Sri C.V.Nagarjuna Reddy Sent the Nizamabad District S.P., along with the C.I., and S.I., of police for two weeks imprisonment in a contempt of court proceedings and a fine of Rs.2,000/- w..
A. Indian Penal Code, 1860- Section 300 “thirdly”- Murder- Nineteen injuries caused in quick succession – Cannot be said to have been caused as a result of grave and sudden provocation- Fact that so many injuries were caused in quick succession whe..
A. Indian Evidence Act, 1872 ― Section 11 ― Plea of alibi ― Murder case ― Plea of alibi is to be established by accused who takes it ― Accused can do so either by adducing necessary evidence or even from evidence of pros..
if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any fur..
Promotion - Post of Assistant Administrative Officer - Post reserved for Scheduled Tribe candidate - Appellant belonged to Schedule Caste - In advertisement respondent specifically mentioned that in case no eligible candidate are available in particu..
(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..
Banking Regulation Act, 1949, Section 45 - Central Bank of India (Officers) Service Regulations, 1979, Regulation 19 - Retirement age - Dispute as to - Regulation 19 providing that recruitment in appellant Bank prior to 19.7.1969 but promoted as an o..
Select list - Validity of list had not been extended and three years have gone by - Not proper to grant relief on the basis of the new plea i.e extension of validity of list only by a period of 11 days and not a minimum period of three months. (Par..
Civil Procedure Code, 1908, Section 100 - Second Appeal - Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion - No reasons had been indicated by the High C..
Specific Relief Act, 1963, Section 16(c) - Specific performance - Agreement to sell - Readiness and willingness - Compliance with, has to be in spirit and substance and not in letter and form - Can be seen from the conduct of the plaintiff as a whole..
(A) Penal Code, 1860, Sections 302/34 and 324 - Testimony of witness - Sole eye witness - Statements fully supported the contents of the FIR - Evidence corroborated by post mortem report - No reason for witness to falsely implicate the accused who ar..
(A) Penal Code, 1860, Sections 302, 141 and 149 - Unlawful assembly - Common object - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object - That object is one ..
Contractual matter - Exclusion of appellant from second stage of bidding process - The very purpose of 'cash flow reporting is to find out the ability of HDEC to generate cash flow in future - And if an important method of cash flow reporting is kept..
(A) Consumer Protection Act, 1986, Sections 10(3) and 16(2) - Jurisdiction of Court - Judicial restraint - High Court directing state Government to constitute at least five State Consumer Forums at State Level as used under Section 16 of Consumer Pro..
(A) Criminal Procedure Code, 1973, Section 482 - Penal code, 1860, Sections 498A and 406 - Quashing of proceedings - In complaint no allegation regarding cases covered u/s 498A IPC - No allegation of any torture for dowry against appellant - Position..
(A) Recruitment - Ordinarily rules which were prevailing at the time of when the vacancies arose would be adhered to - The qualification must be fixed at that time - The eligibility criteria as also the procedure as was prevailing on the date of vaca..
(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..
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