Service -- Misconduct - Dismissal from service - Charges of illegal gratification - Acquittal of respondent in criminal proceedings was due to no, availability of any evidence before criminal Court - However, order of dismissal in departmental proceedings was on basis of a report of inquiry officer before whom there was ample evidence against respondent - Evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 11 -- Recovery of 35 bags of poppy husk - Plea of alibi - Accused pleaded that he was under treatment as outdoor patient at the relevant time - However, there is overwriting in hospital record and name of one person was struck and name of accused was added - Accused though taken a..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Illicit relationship between accused and deceased - Accused stabbed deceased with a knife after oral altercation took place between them - Primary intention of accused was not to kill deceased but to somehow or other coerce her to accompany him and resume their relationship - Son of deceased was present at..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife - Death due to burn injuries -Post mortem could not be done as she was cremated prior to that - This conduct of accused goes against them but merely on this basis they cannot be convicted unless there is cogent and admissible evidence against them...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 32 -- Murder of wife - Oral dying declaration - PWs of oral dying declaration kept quite for about four months and no explanation given for the same - No incriminating article seized by prosecution and there is no other evidence supporting so called oral dying declaration of deceased - Defence stated..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition by sons of deceased - Unless and until there is evidence in support of such pleading that claimant is not a legal representative, claim petition cannot dismissed as not maintainable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Negligence on part of deceased - In absence of specific positive evidence on record to show negligence on part of deceased, same cannot be presumed merely on the ground of head on collision...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Penetrative sexual assault - Victim was 10 years old at the time of incident - Evidence of victim, PW1 and PW10 are corroborative of presence of victim at the house of PW10 and narration of incident to PW10 by victim - Evidence of cousin of victim, PW10 indicates that there were injuries on body of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - To verify the situation prevailing on the spot - Clearly amounts to collection of evidence - Application rightly rejected...........
Evidence Act, 1872, Section 115 -- Estoppel - Plaintiff supported mutations in question in earlier suit - She cannot now turn around and question those mutations - Rule of estoppel stares at face of plaintiff, as she cannot be permitted to raise pleadings contrary to earlier one, as same are prohibited...........
