Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Incident occurred when deceased and PW1 returned from Court - PW2 was also required to attend the Court and therefore reached the Court as such he saw incident - Place of incident has been established and proved by prosecution - Even the presence of PW1 and PW2 at the time of incident is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Defence of A-2 and A-3 is that they caused injuries to deceased after he received gun shot from A-1, thus they cannot be convicted u/s 302 IPC - However, A-2 and A-3 are convicted with the aid of S.34 IPC - Moreover, there is no evidence on record that deceased sustained injures by knives by A-2 and A-3, at that time he..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses categorically stated that A-2 and A-3 inflicted blows by knives - Same is supported by medical evidence and deposition of PW2 - Mere fact that doctor stated that it is very doubtful that injuries sustained by deceased by sharp cutting weapon on both sides, it cannot be stated that no injuries were inflicted..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33, 34, 47 -- Persons with Disabilities (PwD) - Reservation in promotion - Mode of entry in service cannot be a ground to make out a case of discriminatory promotion - But what is material is that employee is a PwD at the time for consideration of promotion...........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33, 34, 47 -- Persons with Disabilities (PwD) - Reservation in promotion - S.47 of the Act provides equal opportunity for career progression, including promotion - Operation of reservation and computation has to be made with reference to total number of..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33, 34, 47 -- Persons with Disabilities (PwD) - Reservation in promotion - PwD would be considered for promotion along with other persons working in feeder cadre - Absence of Rules to provide for reservation in promotion would not defeat the rights of PwD to a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Common intention - Role assigned to accused is merely that he caught and hold deceased to detain him during incident - Act of accused was deemed to have been committed by all accused in furtherance of common intention to murder deceased and he shall be deemed to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Prima facie case against accused is established - Incident occurred in day light and witnesses are neighbouring, naturally residing in locality knowing both accused and complainant - Presence and identification of accused is probable - Role of accused cannot be..........
