Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Succession Act, 1925, Section 301 -- Removal of executor or administrator - Executor submitted that due to her health issues, Court can appoint a successor in her place - It is thus, a fit case to discharge respondent and in her place appoint `K' as successor to administer estate of deceased - Application allowed...........
Will -- Attestation - Propounder of Will is not obligated to examine both attesting witnesses and testimony of one attesting witness if it meets statutory requirements and withstands judicial scrutiny is adequate to discharge burden of proof in law...........
Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - If material available on record prima facie does not constitute alleged offence then accused should be discharged and not otherwise...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Burden of proof - Initial burden to prove the factum of accident and involvement of offending vehicle lie on claimants - It is the claimants who have to discharge this primary burden by establishing occurrence of accident and involvement as well as identity of vehicle at least on prima facie basis - Only then onus to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Evidence, facts and circumstances of case shows that factum of involvement of offending vehicle as claimed and asserted by claimants was not proved - Claimants failed to discharge their obligation on this count which was to be the primary step - Even, claimant had failed to prove involvement of Tata Magic..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - Restraint order u/s 22-A of SICA did not restrain accused/company to draw on its assets to meet its day-to-day operations - Cheques in question were issued to discharge liability of..........
Service -- Judicial scrutiny - While creation of posts is primarily an executive function, refusal to sanction posts cannot be immune from judicial scrutiny for arbitrariness - Non-speaking rejection on a generic plea of financial constraints, ignoring functional necessity and employer's own long standing reliance on daily wagers to discharge regular duties, does not meet..........
