Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Two dying declarations - Dowry death - Allegation against family members of accused - Nothing stated as to demand of dowry in first dying declaration and admitted that she consumed poison in fit of anger after hearing verbal conversation of accused and her mother-in-law - However, allegations of..........
Service -- Recruitment - Post of Trained Graduate Teachers - Examination process - Third evaluation of answer sheets - Eight years already elapsed and there is no finality to result of examinations - Third evaluation of answers sheets already held and result of the same is ready for declaration - Recruitment of candidates based on result of third evaluation of answer..........
Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - Wife alleging statement in Court neither voluntary nor out of her free will and desire rather the same was a result of coercion, undue influence, threat and pressure exerted on her - Statement given in Court not voluntary - Decree of divorce by mutual consent set aside...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Death by burning - Dying declaration of deceased recorded by Magistrate proceeded by parcha byan - There is clearly a deviation made by deceased in her dying declaration from what she stated in parcha byan - Fitness certificate was given after 15 minutes of recording of..........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226, Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Reguls.2(b),(e),(h),(i),3,4 - Acquisition of land - Oustee - Payment of price - Quantification of - Regulations provide self contained mechanism for determining market price of plots - As per Regulations price..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Death occurred by asphyxia as a result of constriction of neck and not due to hanging by rope, though conforms to the manner of execution of offence, as narrated by PW1, however, in view of inherent improbabilities and incongruities in his evidence, it is not safe to base the conviction of accused..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Injury on private part - Examination of witnesses and accused - As per medical report, injury on private part of deceased, cannot be the result of normal intercourse and the same is possible if some foreign blunt object is inserted in vaginal canal - This testifies that cruelty had been meted-out to..........
Prevention of Money Laundering Act, 2003, Section 3, 4, 22 -- Money laundering - Possession of demonetized currency - Accused allegedly converting said currency by bank drafts - Accused not disclosing source of acquisition of huge amount of demonetized currency - No explanation by accused as to dispel presumption of property being proceeds of crime - Property obtained by..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Income of deceased asses was Rs.4400/- per month - Held, that Tribunal should have awarded minimum wages prevalent in State - At that time of accident minimum wages for unskilled labour is Rs. 5,350/- p.m. - Amount is enhanced by applying multiplier of 13 - Net result is that the amount awarded by..........
Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Evidence of two sets of witnesses is on record - One supported the fact that accused gave poisonous tablet to deceased as a result she died and other set of witnesses not supported the said allegation - However, there is ample evidence on record that deceased was subjected to cruelty soon before death in..........
