Indian Penal Code, 1860, Section Ss.376, 324, 34, 342 -- Conviction - Appeal against - High Court by a practically non reasoned order dismissed appeal - Manner in which appeal dealt with not a correct way to deal with appeal - High Court did not made an attempt to appreciate rival stand and to analyse evidence in its proper perspective - Impugned order of High Court set..........
Service -- Disciplinary matters - Judicial review - Courts cannot set aside well reasoned order on sympathy or sentiments...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Dismissal at admission stage - Notice not issued to respondent and evidence on record not looked - Impugned judgment set aside - Appeal remitted back for decision afresh by issuing notice to the respondent and by passing a reasoned order by taking into consideration the entire material on record...........
Service -- Disciplinary proceedings - Reasoned order - Appellate/revisional authority need not give detailed reasons for confirming an order passed by the lower forum - Brief reasons must be given while affirming the order of lower forum as delinquent officer is entitled to know the mind of authority in dismissing his appeal/revision...........
Insurance claim -- Repudiation - Held that complainant should come to the Consumer Fora with clean hands to avail the remedy for the grievance and not through manipulation - The claim being false - See no reason to interfere under revisional jurisdiction in the well reasoned order of the lower Fora in dismissing complaint...........
Punjab Land Revenue Act, 1887, Section 13, Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - Distt. Collector after examing the comparative merits of candidates, appointed appellant as Lambardar - Appellant, ex-army personal, owns sufficient holding, matriculate, recommended by Naib Tehsildar & Tehsildar - Commissioner upset the appointment of appellant - No..........
Insurance claim -- Marine policy - Non settlement of claim within reasonable time - All the details regarding purchase bills etc. have been supplied to OP and full cooperation was extended to the Investigator - Allegation of fraud not substantiated - From the documents and Survey report it is clear that the damage to the goods took place while in transit - That being the..........
Departmental enquiry -- Punishment - Speaking order - Respondent - delinquent made a representation before disciplinary authority but the same was rejected without a speaking order - Held that the orders should be speaking and reasoned more particularly when their validity is to be adjudged by the Courts...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - All the contentions raised by learned counsel have been dealt with by learned trial Judge in a comprehensive manner on strength of ocular evidence given by the witnesses - Reasons for findings recorded by learned trial court are not shown, in any manner, to be illegal or perverse - Held, no..........
Punjab State Election Commission Act, 1994, Section 80, 81, 87, 100 -- Illegal cancellation of votes - Order of recounting of votes as a whole - Election of Sarpanch of Gram Panchayat - Returned candidate won by margin of 2 votes - Election petition - Numerous allegations against election process - Election petitioner gave up other allegations and persisted with..........
