Criminal Procedure Code, 1973, Section 91 -- Production of documents - Statement of two witnesses and documents not forming part of charge sheet - Order of trial Court that prosecution is well within its right to produce only those statements on which it is relying and moreover accused can very well examine those witnesses as defence witnesses and can also produce further..........
Prevention of Corruption Act, 1988, Section 13(2) -- Offence u/s 13(2) of the Act - S.13(2) of the Act is the penal provision for the misconducts specifically mentioned u/ss 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(d) and 13(1)(e) and in S.13(1)(d) of the Act instance of separate misconducts are shown - Nature of misconduct committed ought to be revealed in the final report -..........
Prevention of Corruption Act, 1988, Section 13(2) -- Offence u/s 13(2) of the Act - Final report - Where the persons, who procured employment through commission of misconduct by public servants, are also particeps criminis, such person also ought to have been arraigned as accused in the case - I.O has not made them approvers or accomplices, whereas they have been allegedly..........
Indian Penal Code, 1860, Section 459 -- House breaking by night - Defective investigation - Appeal against conviction - Accused acquitted : (i) FIR is highly belated; (ii) Presence of PWs at the spot doubtful: (iii) Site plan prepared by I.O shows that houses of other persons were adjacent to each other, thus it is doubtful as on hue and cry of complainant only two eye..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report by drawing conclusion that no offence is made out and that accused had been falsely implicated - Clearly shows wiping out earlier investigation altogether - S.173(8) cannot be pressed in aid for collecting fresh evidence in the garb of further investigation, which really can be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Order of summoning cannot be quashed on the ground that police had submitted charge sheet against complainant regarding cheques in question as enquiry made by trial Court of Judicial Magistrate himself under Chapter XV Cr.P.C. is on higher pedestal than that of investigation made by..........
Indian Penal Code, 1860, Section 302, 307, 366, 34 -- Murder - Common intention - Accused `G' fired at deceased - Other accused also fired at deceased - However, no material on record that deceased died on account of any firing by accused `H' - Presence of accused `H' beholding a gun along with main culprit is proved but prosecution failed to establish that accused `H'..........
Arms Act,1959 -- Issuance of prohibited and no, prohibited weapons - Licensing authority in respect of prohibited bore weapons is with Central government and for no, prohibited bore weapons is with district authority - Licensing authority is obliged to seek report of officer-i, charge of nearest police station to verify antecedents of applicant and only those who fulfill..........
Labour law -- Appointment to the post of Assistant Lineman - 2555 days work-charge status is necessary for the said post - Service of appellant was converted after his termination from daily wages Chowkidar to work-charge Chowkidar - Labour Court directed reinstatement of appellant with continuity of service - In view of continuity of service from 1994, appellant satisfies..........
Constitution of India, 1950, Article 226 -- Protest against government - Lathi charge by police in excess of requirement - Compensation - Initially petitioners/protestors who took the law into their hands by turning their peaceful agitation into a violent one and in the process becoming unruly and pelting stones at the police - However, subsequently, police personnel..........
