Wakf Act, 1995, Section 6, 7, 83, 85 -- Wakf property - Eviction suit before Wakf Tribunal - Tenant disputed that property in question is not Wakf property - In such circumstance Wakf Tribunal had jurisdiction to determine the issue framed in the suit as to whether suit property is Wakf property or not - Tribunal rightly relied upon evidence on record and had arrived at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court scrutinized material as trial Court does after evidence is adduced - High Court exceeded well settled limits in exercise of jurisdiction u/s 482 Cr.P.C. - Order quashing FIR set aside...........
Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Arbitral award - Appeal against - Conjoint reading of all documents reveal that there were no guidelines at all that provide for royalty being factored as cost while fixation of tariff - Finding of Arbitral Tribunal regarding existence of law to the effect that royalty payable shall be permitted as a pass-through..........
Evidence Act, 1872, Section 118 -- Child witness - Mere absence of any corroborative evidence in addition to that of child witness by itself cannot alone discredit a child witness...........
Indian Penal Code, 1860, Section 302, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Death by burning - Testimony of child witness - Allegation against sister-in-law (jethani) of deceased - PW2/child witness stated that accused stuffed cloth in the mouth of deceased thereafter others tied her up and set her on fire leading to 95% burns - He had seen the entire..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Testimony of eye witness - Accused assaulted deceased with iron pipes, sticks and iron rods - PW2 accompanying deceased on motorcycle - He ran away from the place of incident and returned with his friends - Credibility of PW2 as an eye witness not doubtful - PW10 an independent witness corroborated PW2 in all..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Service -- Dismissal - Departmental enquiry was conducted contrary to law - Respondent has now attained the age of superannuation - Question of reinstatement does not arise - However, considering that there is no evidence with regard to status of respondent in the interregnum, noticing his conduct also for steadfastly refusing to participate in the inquiry, 50% back wages..........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Defence of A-2 and A-3 is that they caused injuries to deceased after he received gun shot from A-1, thus they cannot be convicted u/s 302 IPC - However, A-2 and A-3 are convicted with the aid of S.34 IPC - Moreover, there is no evidence on record that deceased sustained injures by knives by A-2 and A-3, at that time he..........
