Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Defendants inspite of service of notice, have not chosen to file counter and they were proceeded ex parte - They have not even chosen to file any application before Court below for seeking to set aside order granting police aid to plaintiffs or requested Court below to give..........
Service -- Stoppage of salary - State sanctioned two vacancies for the posts of assistant teachers but School recruited three teachers - Appellants are bona fide applicants from open market and State has no proof of commission of any malpractice by appellants - Alleged mischief was at the end of school and its Manager - State approved their appointments and approval order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account freezed by police - Cheques totalling 80 lakhs issued - Concerned bank account had maximum deposit of 18 lakhs - Incapacity in operating the bank account will not aid accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction with the aid of S.34 IPC - All accused had come armed, assaulted complainant together and thereafter left the place of occurrence together - Accused not only had common intention to kill the deceased but also actively participated in assaulting and giving blows to deceased together with other accused persons -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not necessary that every person constituting an unlawful assembly must play an active role for convicting him with the aid of S.149 IPC...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant had turned hostile and shadow witness has not stated about demand made by accused in his presence - There is no clear and convincing evidence on record to show that accused had demanded and accepted bribe amount of Rs.500 from complainant -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Non-providing of proper medical aid to ones wife to enforce demand of dowry will come within definition of cruelty as enunciated u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - PWs have been consistent in their statements that husband was demanding a vehicle - When wife was diagnosed with cancer, husband refused to take care of her for providing her medical treatment stating that her father had not given..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance - Even without any positive aid of law Court could have recognized right of elder irrespective of religion to claim past maintenance and future maintenance...........
