Service -- Dismissal - Gross misconduct - Departmental proceedings and criminal proceedings - Charge levelled against appellant in both the proceedings made on different set of facts and evidence having no nexus/co-relationship - Acquittal in criminal proceedings would not absolve appellant from liability under disciplinary proceedings instituted against him in which he..........
Registration Act, 1908, Section 17, 49 -- Registration - Unregistered agreement to sell - Agreement to sell relied upon as a document of title - A document in support of title is inadmissible in evidence sans registration - Document cannot be read in evidence...........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of dead body of deceased - Allegation that accused was seen carrying dead body of deceased in a rexin bag on the day after girl went missing - However, dead body was found after ten days - Post mortem conducted thereafter indicated time of death to be..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of drawing book of deceased from house of accused - Prosecution alleges that threatening letter was written on a piece of paper from said drawing book - However, no attempts were made either to have any forensic analysis or examine handwriting expert..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Threatening calls - STD booth operator stated that two calls were made from his STD to specified mobile numbers - However, nothing has been brought on record that those mobile numbers belongs to PW4 and PW10 or were in any way under their control - Mere..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between bike and car - Death of driver of bike - PW1 complainant and eye witness of incident deposed that accident occurred due to fault of car driver - However, evidence on record shows that deceased was coming on bike while talking on mobile - Bike was coming in a high speed and hit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(B) -- Recovery of 550 gms Charas - Non-joining of independent witness - Independent witness were available on the spot in abundance, however, prosecution not associated any independent witnesses - Contradictions found in testimonies of PWs regarding quantity of contraband recovered and challaning of..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without giving opportunity to other side, received the documents in question and marked the same - For testifying genuinety of said documents, opportunity to other side must be given - Impugned order of allowing application U.O.41.R.27 CPC set aside - Matter remitted..........
Wakf Act, 1995, Section 64, 69 -- Muslim Law - Mutawalli - Suit filed by Respondents for declaration that office of mutawalli was vested with them by custom - Plea of appellants that mosque to be managed by elected committee as per compromise decree - Respondents through evidence clearly showing practice of continuous and invariable devolution of office of mutawalli..........
