Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Eviction - Satisfaction of Court as to genuineness of claim made by landlord is a concomitant element of a valid order of eviction under the Act - An order passed under the Act without arriving at such satisfaction is a nullity and unsustainable in law...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
Civil Procedure Code, 1908, Section 114, Order 47 -- Review - S.114 r/w O.47 CPC permits Court to look into any document, having a bearing on lis decided earlier, which was not on record because despite exercise of due diligence same could not be produced by a party - It would invariably reduce to an examination as to whether document has such intrinsic worth that if same..........
Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Indian Penal Code, 1860, Section 302, 307, 380, 396, 397, 460, 324, 325, 326, 323, 148, 149 -- Murder - Identification of accused - PW4 flatly declined to identify accused persons in Court - PW7 could identify accused `B' and not accused `R' - Similarly, PW9 identified only accused `R' but not accused `B' - Identity of accused persons was not clearly established during..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Last seen witnesses have not fully supported prosecution story and one of them was declared hostile - No person came in Court to inform that he had seen murder of deceased - Evidence of last seen witnesses is not of such quality as to raise adverse inference against accused..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail application cannot be dismissed by High Court solely on the ground that Apex Court had not permitted filing of fresh bail application while cancelling bail earlier granted by High Court...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - S.45 of the Act imposes two mandatory conditions for the grant of bail to any person i.e (i) prosecutor must be given an opportunity to oppose the application for bail; and (ii) Court must be satisfied that there are reasonable grounds for believing that accused person is not guilty of such offence and that he..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Merely because the prosecution complaint had been filed and cognizance was taken by Court that itself would not be the ground or consideration to release the respondent on bail, when mandatory requirements as contemplated in S.45 of the Act have not been complied with...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - High Court in a very casual and cavalier manner, without considering the rigours of S.45 of the Act granted bail to respondent on absolutely extraneous and irrelevant considerations - There is no finding whatsoever recorded in the impugned order that there were reasonable grounds for believing that respondent..........
