Constitution of India, 1950, Article 226 -- Writ jurisdiction - Annual Confidential Report - Adverse remarks - Departmental Promotion Committee - Recommendations of DPC - Not recommending for promotion - Judicial review - The adverse remarks as recorded in the case of the petitioner were based on records - Leave no scope for the Court to interfere with the recommendations..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Accused allegedly committed murder of deceased - Testimonies of witness that when miscreants came down to courtyard, deceased rushed to roof top of the house and that before the deceased was done to death the inmates including witnesses were kept confined in a room raises strong doubt that they saw accused committing..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Principles governing - (i) There is no limitation on the part of the appellate court to review the evidence upon which the order of acquittal is founded and to come to its own conclusion; (ii) The appellate court can also review the trial court's conclusion with respect to both facts and law; (iii)..........
Constitution of India, 1950, Article 14, 226 -- Annual confidential report - Adverse remarks - Rejection of representation with a non - speaking order - Adverse remarks about honesty doubtful recorded based on an FIR registered against petitioner in which he was never made an accused - In the charge - sheet produced in the Court, even other accused were acquitted - Even in..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused by threatening victim on knife point, committed rape with her - Testimony of victim supported by witnesses who were attracted at the spot on hearing alarms raised by victim and saw accused persons fleeing away - Report of Forensic Science Laboratory lent support to the testimony of the victim - Held, findings of rape,..........
Annual Confidential Report -- Adverse remarks - Expunction of remarks Executive instructions - Violation of guidelines - Challenge as to - Instructions on which reliance placed do not have statutory substance - the instructions are mere guidelines to be used by the reporting officer - These instructions are non - justiciable and cannot be enforced in the Court of law by..........
Annual Confidential Report -- Adverse remarks - Expunction of remarks - Bias - Mala fide - Allegation of mala fide wholly vague and unspecific - Such allegations cannot be acted upon to record a finding of malice and bias - There has to be substantial evidence of malice and bias before the adverse remarks could be expunged on that ground...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle involved in an accident - Release of vehicle with one of the conditions to keep the vehicle in safe custody and produce whenever required by Courts - Held, condition imposed in unwarranted in law as the purpose can be served if photographs with negatives alognwith the report of the technical inspection of the..........
Criminal Procedure Code, 1973, Section 482 -- FIR lodged against petitioner for offences u/s 379 and 427 IPC - FIR found false during investigation by police - Police report submitted against informant u/s 182 and 211 of the Code and cognizance taken - Held, once Magistrate had taken cognizance against informant for filing false case, it is not fair to allow prosecution of..........
