Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appellant had gone out of State for earning his livelihood and his brother also died after prolonged disease - He therefore, could not contact his counsel nor his counsel informed him about decreeing of suit in favour of plaintiff - Order dismissing application for condonation of delay set..........
Policy decision -- Policy decision of State Government and Society - Interference of Courts - It is ultimately for State Government and Society to take their own policy decision whether to extend pensionary benefits to its employees or not - Interference by Judiciary in such a policy decision having financial implications and/or having a cascading effect is not at all..........
Allotment of land to Scheduled Caste landless person -- Quota benefit available to a person in one State claimed by a person resident of other State - Scheduled Caste person belonging to State of Punjab, being an ordinarily and permanent resident of such State, cannot claim benefit of Scheduled Caste in State of Rajasthan for the purpose of purchase of land belonging to a..........
Maharashtra Village Panchayats Act, 1959, Section 14B(1) -- Appeal - Order declining to disqualify a Sarpanch/member of Panchayat passed by Collector - No appeal is provided against an order of Collector (or of State Election Commission) refusing to disqualify Sarpanch/member u/s 14-B(1) of the Act - Such an order becomes final and is not appealable at all - Indeed, it can..........
Succession Act, 1925, Section 388(2), 384, 372 -- Succession certificate - Appeal - Once jurisdiction to take cognizance and to decide a petition for grant of succession certificate is invested by State Government in a Court inferior in grade to District Judge, by virtue of S.388(2) Proviso of the Act, it is District Judge alone who is competent to entertain and decide..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant and accused have arrived at a compromise by filing application u/s 147 of the Act r/w S.320 Cr.P.C. - Therefore, it is deemed appropriate to state that when matter has ended in compromise, it is not proper for continuity of appeal and even at the stage of admission -..........
Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, Section 65 -- Levy of market fee - Import of agricultural produce - Mere import of notified agricultural produce by importer from outside the State for the purpose of cleaning and processing without selling processed produced within market areas is not liable to pay market fee - It is the sale..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Large number of tablets were recovered from accused - However, prosecution cannot be heard to state at this preliminary stage that accused have been found to be in possession of commercial..........
Will -- Suspicious circumstance - Testator died within 15 days of execution of Will - He was bed ridden for a period of 10 months prior to his death - Testator himself stated in the Will that he was sick and getting weak even then he is stated to have written the Will himself which is not believable - No medical evidence on record to prove that testator was in a sound and..........
