Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Section 71, 7Q - - Imposition of interest u/s 7-Q - Appeal to Tribunal - Held, an appeal lies against recovery of damages u/s 14-B of the Act - But no appeal is provided for against imposition of interest as stipulated u/s 7-Q - However, if composite order is passed u/ss 7-A and 7-Q together then such an..........
Service -- Promotion - If rules for selection contain a requirement same has to be applied uniformly and strictly and none from the eligible group can be eliminated from being considered on any criteria, other than those which are provided in the rules - In present case, if the rules were to provide that in event of large number of persons coming into the zone of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecution failed to prove age of prosecutrix - Medical evidence shows that there is no injury on body of prosecutrix - Prosecutrix found habituated to sexual intercourse - Moreover, prosecutrix herself admitted her love affair with accused and totally denied the fact of rape while she was examined..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34 -- Suspension of sentence - Murder - Role of applicant is only that he caught hold of legs of deceased and dashed him against Dol in an agricultural field - Injured died after four months - Applicant seeking suspension of sentence and grant of bail for having been in custody for past five..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - In absence of satisfactory reason for non production of evidence in trial Court, additional evidence should not be admitted in appeal as a party guilty of remissness in lower Court, is not entitled to give further evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Suspension of sentence - Against sentence of 10 years awarded to appellant he has already undergone more than 9 years of sentence - Held, fit case to suspend further sentence till disposal of appeal by larger Bench - Appellant released on bail...........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Proof - Appellants/accused persons alleged to have murdered deceased due to rivalry and ill-will between them - Presence of appellants at place of occurrence proved - Motive also proved - Manner in which crime has been committed and accused persons fled away after commission of crime clearly..........
Indian Penal Code, 1860, Section 302 -- Murder - All the witnesses of arrest memo turned hostile - Material witnesses of extra judicial confession and last seen not produced by prosecution - Fact of absconding of accused is doubtful - Circumstances proved against accused are not sufficient to bring home his guilt - Conviction and sentence set aside - Appeal allowed. (Paras..........
Service -- Departmental proceedings - Punishment - When charge is proved it is disciplinary authority with whom discretion lies to decide as to what kind of punishment is to be imposed - While exercising such a discretion Disciplinary Authority should keep in mind various factors which includes nature and gravity of misconduct, past conduct, nature of duties assigned to..........
Essential Commodities Act, 1955, Section 7 -- Illegal trade of kerosene - Conviction - Validity - Prosecution failed to state that appellants were either dealers or agents or servants of dealer or kerosene in any way belonged to them - It also failed to explain how, when and in what manner appellants were planning to sell kerosene - Held, essential ingredient of relevant..........
