Indian Penal Code, 1860, Section 302 -- Murder of husband by wife - Circumstantial evidence - Deceased allegedly assaulted by accused with knife - However, post mortem report shows multiples injuries on the body of deceased not caused by one person and tells entirely different story - More so, accused being woman could not make such severe and repeated assault on deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Service -- Promotion - Post of Executive Engineer - Encadrement of respondent to the post of Executive Engineer was rightly held to be illegal by Single Judge for following reasons: (i) Ex-cadre post of Executive Engineer was created only for respondent No.1 and giving him that post when he was much junior to many others; (ii) Board wrongly informed that there were 13..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Post award period - Interest on post award period is not subject to agreement between parties - Statutory rate of interest is 2% higher than current rate of interest prevalent on date of award...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Dual rate of interest has been awarded by Tribunal i.e payment of interest @ 9% for 120 days post award and if amount awarded is not paid within 120 days, rate of interest is scaled up to 15% on sum awarded - Award of a much higher rate of interest after 120 days is arbitrary,..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Double murder case - Ocular evidence of two eye witnesses stands fully corroborated by medical evidence, wherein it is proved that accused used blunt and sharp weapons to cause injuries on deceased and complainant - Depositions of PW1 and PW2 are in consonance with contents of FIR - Although complainant was brother of..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Defendant No.4 a stranger purchased the property during pendency of suit - She did not avail opportunity to protect her purchase by taking resort to S.19(b) of the Act - Defendant No.4 thus, not protected u/s 19(b) of the Act, as he is not bona fide purchaser - Since defendant No.4 is a post suit purchaser..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - S.173(8) Cr.P.C. can be pressed into service only at the instance of investigating agency but not at the option of the complainant or accused - Magistrate has no suo motu power to order further investigation at the post cognizance stage...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Post cognizance stage - Court cannot direct I.O to conduct further investigation at the request of accused at post-cognizance stage...........
