Judicial service -- Compulsory retirement - Charge of corruption - Charges not proved against appellant - No case for imposing punishment was made out - Honour and dignity of appellant required that he should be brought back into service - View of High Court is therefore, erroneous that since appellant had already been out of job for 8 years and he was aged about 53..........
Indian Penal Code, 1860, Section 420 -- Cheating - Circumstantial evidence - Motive - A-1 often used to arrange jobs for people at one plant - Allegation that A-1 knew that he could not arrange employment for deceased but still accepted money from deceased with an intention to cheat them and subsequently murdered deceased in order to avoid repayment - However, no evidence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused stated that he is earning his livelihood somehow by doing private job and as such he is not a position to pay the compounding fee - Held, it is an appropriate case to exempt the accused from paying the compounding fee...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased aged about 38 years was in settled job and was not self employed or on fixed salary - High Court enhanced future prospects at 40% - Amount of pecuniary loss as assessed by High Court remains reasonable and cannot be said to be either exorbitant or too low so as to call for any..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)(i)(ii), 20 -- Illegal gratification - Presumption - Accused serving as clerk in vacancy section of District Employment Exchange office allegedly demanded Rs.200 to issue call letter for job to complainant - PW1 stated that complainant gave money to accused who kept the same in his shirt pocket - However,..........
Indian Penal Code, 1860, Section 420 -- Cheating - Accused manipulated mark sheet by one `B' by erasing his name and overwriting his own name - He also forged appointment order under false seal and signature and obtained appointment as teacher on pretext of being a handicapped person - Orders produced by accused regarding his appointment were never issued from his office -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of future earning - Deceased was a student studying in School - He was not doing any job or in any vocation and thus, not earning anything - Loss of future earning is to be assessed on the basis of career prospect and likely earning of such a person in future...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Wife of deceased stated that her husband called accused for doing labour job - Accused and deceased left the house in congenial atmosphere - Theory of motive as propounded by wife of deceased per se unconvincing for the reason that had there been any prior..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Intention of accused - Voice of accused heard by PW4 that `mother give a badi we will finish the job', itself does not show that accused had intended to commit murder of deceased - Moreover, it is not the case of prosecution that deceased was done to death by means of lathi and badi - Deceased was..........
Service -- Qualifications for a post - State, as employer, may legitimately bear in mind several features including the nature of the job, the aptitudes requisite for the efficient discharge of duties, the functionality of a qualification and the content of the course of studies which leads up to the acquisition of a qualification - Judicial review must tread warily...........
