Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Neither doctor was produced who has stated that deceased was in fit state of mind to make statement, nor I.O was produced to prove such statement - There was gap of two days from date of recording of such statement and time of death of deceased - No corroborative evidence..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Salary certificate and pay slip of deceased was produced on record - Said documents are conclusive proof of income of deceased and were also corroborated by statements of deceased's wife and his co-workers - View taken by High Court while rejecting said documents merely on the ground..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Age of deceased was 38 years at the time of his death - Tribunal correctly determined the income of deceased as Rs.11,225 pm after relaying upon salary certificate and pay slip as well as statements of wife of deceased and his co-workers - High Court committed error by holding that..........
Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Petitioners wanted to claim their rights against co-defendant/State, which was not permissible - They failed to point out as to how their presence is necessary for complete and final decision on the question involved in the proceedings - Even, petitioner could not point any legal injury which he..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Employees State Insurance Act, 1948, Section 39(5)(a) -- Interest - Delay in making payment of ESI contribution - Liability to pay interest is from the date on which contribution has became due and till date of its actual payment - ESI Court was thus, not justified at all in reducing period of interest to two years only...........
