Evidence Act, 1872, Section 76 -- Certified copies of documents placed on record by police - Petitioners have right to get certified copy of a pending case and also have right to get certified copy thereof in view of S.76 of the Act - Even in view of Art.14 of Constitution, accused should be granted a copy of documents purported to be against him at earliest possible stage..........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder - Circumstantial evidence - Last seen evidence - Evidence of Last seen is doubtful, as there were contradictory statements - Even statements of witnesses recorded by police after delay of one week, which amounts to highly unnatural conduct on their part - News of murder of deceased became known to public at large..........
Employee's Compensation Act, 1923, Section 3, 30 -- Fatal accident - Compensation - Deceased was 42 years of age at the time of accident and was driver of public bus - He met with an accidental death as he fell off the roof of the bus accidentally - Deceased was present on the fateful day not by choice but by compulsion and necessity, because of nature of his duties - It..........
Evidence Act, 1872, Section 35 -- Birth register extract - Relevancy - Birth register extract maintained by statutory authorities is a public document - Said register is relevant which indicates that plaintiff is son of brother of defendant No.1 and his second wife...........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33 - - Partially blind category - Percentage of disability prescribed for post of Civil Judge - Validity - Condition of having 40% - 50% disability was prescribed by Public Service Commission as per Government Order issued by State of Tamil Nadu after..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - As per motive given by prosecution, deceased use to have evil eye on sister of accused - However, no evidence has been led that deceased was acquainted with sister of accused - Disclosure statement was made at public place still no independent witness though..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 37 -- Second appeal - Suit for permanent injunction - Encroachment of public street - Aks-sijrs not proved on record to establish possession whereas, document brought on record on behalf of plaintiff does not prove any encroachment - It is not establish that who had been in actual physical..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Application can be filed only by Public prosecutor or Additional Public Prosecutor i, charge of case - Order allowing withdrawal of case on application filed by Public Prosecutor neither i, charge nor conducting case, unsustainable...........
Constitution of India, 1950, Article 226, 227, Commission of Inquiry Act, 1952, Section 8B, 5 -- Enquiry by Commission - Publication of inquiry report in violation of principles of natural justice - Challenge as to - Conduct of the petitioner as Minister in charge of Town and Country Planning in issuing licenses for colonization, change of land use, etc. was in question -..........
Arbitration and Conciliation Act, 1996, Section 8, Legal Services Authorities Act, 1987, Section 22(C) -- Reference to arbitration - Expression `Judicial Authority' - Cannot exclude jurisdiction of Public Utility Services constituted under Legal Services Authorities Act...........
