Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Discretion to make the sentences to run consecutively or concurrently would be governed by different consideration, like facts of each case, nature and character of the offences, criminal history sheet and record of offender, his age, sex - These considerations are relevant but..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(c)(d), 13(2), 14, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - One of the accused had acquired lot of wealth - Appear to have a key role in the alleged scam - Had appeared before Vigilance Bureau many times but investigation could not progress - No political rivalry or any past history of enmity..........
Words and phrases -- The expression 'subject to seniority and suitability' - Appointment - Appointment by Promotion - Vacancy of Higher Secondary School Teacher HSST (history) - The expression 'subject to seniority and suitability ' occurring in Government Order does not mean the comparative assessment of suitability - It only means the suitability for the particular post..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Previous history of insanity when revealed - Investigator has to subject the accused to medical examination and place that evidence before Court - If this is not done, it creates a serious infirmity in the prosecution case and the benefit of doubt goes to the accused - Onus, however, has to be discharged by..........
Indian Penal Code, 1860, Section 302, 376(2)(f) -- Rape and murder of girl aged five years - Death penalty - Accused not a criminal or dare-devil - Nothing on record to show that his antecedent has not been good and is history sheetor - Accused aged about 27 years - Accused did not escape after committing crime - Accused made no attempt to run away from the hospital also -..........
Indian Penal Code, 1860, Section 307, 323, 341, 148, 149 -- Conviction - FIR recorded on basis of parchabyan - Original reported lodged by one 'Mohan' withheld and 'parcha bayan' prepared subsequently - True version not coming before Court - Both injured history sheeter - Place of recording parcha bayan also doubtful - Circumstances revealing that either injured person did..........
Insurance claim -- Repudiation - Taking medical leave - It does not establish that the life assured was really suffering from that disease unless it is substantiated by the Doctor's Certificate of Medical Treatment or affidavit of the Doctor or case sheet of the hospital clearly explaining the patient's history...........
MEDICAL -- Even person with no history of heart problem can suffer a heart attack and can die...........
Civil Procedure Code, 1908, Section 10, Punjab State Election Commission Act, 1994, Section 80, 81, 87, 100 -- Order of recount - Whether to operate as resjudicata - Election of Sarpanch of Gram Panchayat - Election petition - Application for recounting of votes - Dismissed by Tribunal - Another application for recount - Allowed by Tribunal - Order of recount set aside in..........
Insurance claim -- Repudiation - Withholding of material information - Held that the alleged withholding of the material information must have something to do with the cause of death of insured - In the instant case the cause of death is accident - It has nothing to do with the alleged disease recorded in the history seat - Judgment of the District Forum allowing the..........
