Service -- Compulsory retirement - Judicial Officer - Case of a Judicial Officer is required to be examined, treating him to be differently from other wings of the society, as he is serving the State in a different capacity - Case of a Judicial Officer is considered by a Committee of Judges of the High Court duly constituted by Chief Justice and then the report of the..........
Criminal Procedure Code, 1973, Section 173, 190 -- Police report exonerating accused - Magistrate can apply his mind independently to the materials contained in the police report and can take cognizance thereupon in exercise of his powers u/s 190(1)(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Loan transaction - Dishonour of cheque - Loan in question has been taken by accused - Accused issued cheques to discharge legal liability arising out of loan - When said cheques were presented for encashment, same were returned back with report that "not sufficient funds" - Accused..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 19 -- Ex parte divorce decree - Setting aside - Ex parte divorce decree obtained by husband against wife - Neither process server examined who served summons on wife, nor affidavit or report of process server was filed as envisaged..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide - Accused husband attacked victim, grabbed her and tried to kill by striking her with a razor - Statement of victim consistent on assault and secured corroboration from the statements of her lawyer and his clerk, who were post occurrence witnesses - According to doctor, if the victim patient was unattended for some..........
Punjab Civil Services (Punishment and Appeal) Rules, 1970, Rules 8 and 9(2) -- Departmental proceedings - Minor punishment - Principles of natural justice - In the Inquiry report the Enquiry Officer exonerated the petitioner - Punishing Authority not agreeing to the Inquiry report and without supplying the copy of inquiry and without affording any opportunity of hearing to..........
Criminal Procedure Code, 1973, Section 482, 155(2), 2(d), Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504 & 506 IPC - Offence bailable and non cognizable - Police after investigation made report disclosing commission of non cognizable offence - Deemed to be a complaint and police office making such report a complainant - Charge sheet filed by police..........
Indian Penal Code, 1860, Section 309, 402 -- Secret information received by the police to the effect that 7 accused persons sitting on a roadside planning to commit crime - Police party headed by SI reached the spot - SI overheard the accused persons conspiring to put stones on road and loot the vehicles passing thereby - Accused were apprehended at the spot - The secret..........
Punjab Co-operative Societies Act, 1961 -- Co-operative House Building Society - Allotment of flat in connivance with officials of department - Registrar ordered enquiry into allegations of complaint - Plea that there is no provision to order enquiry and in case there is any dispute regarding title or possession the same has to be referred to arbitration u/s 55 of the Act..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Medical report that injury is dangerous to life - No opinion forthcoming that injuries caused are sufficient to cause death in the ordinary course of nature - Held, in such circumstances Court in order to arrive at a proper conclusion has to see the nature and dimension of the injury, its location and damage it..........
