weedicides -- Deficiency in service - Compensation - Interest - District Forum ordered the payment of purchase price of weedicide, Rs.6600/- and compensation of Rs.10,000/- alongwith interest on the total amount @ 12% p.a. from the date of its purchase and Rs.1000/- as costs of proceedings - Appeal - Held that the award of interest on the amount of compensation and on the..........
Penal Code, 1860, Section 193,194,211,218 -- Suspension of sentence - Allegation against the appellant that he prepared false records to have 'H - implicated in a case of murder - A large number of prosecution witnesses turned hostile - Appellant, who was posted as SI/SHO of Police Station, could not have prepared false record (zimnis) without the support of other police..........
Civil Procedure Code, 1908, Order 41, Rule 22(4), Land Acquisition Act, 1894, Section 54(2) -- Cross objections - Court can hear and determine cross objections even when original appeal in which cross objections are filed, has been dismissed...........
Criminal Procedure Code, 1973, Section 378(5), 401(4) -- Complaint - Dismissal in default - Accused discharged - Appeal and not revision is maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision against order acted upon and corrections carried out and even appeal against that order dismissed - Interference ii revision declined...........
Indian Penal Code, 1860, Section 148, 149, 304 Part II, 325 -- Appeal against conviction - Injuries by blunt object - Most of injuries simple - No grievous injury on vital part - Grievous injury only on legs or forearms - Death after 7 days - Conviction u/s 304 Part II not justified - PWs.2, 3 and 14 turning hostile - PWs 6 and 7 not present on spot but made as..........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Conviction on the basis of last seen together - Giving false explanation of whereabouts of deceased - Having knowledge of dead body of deceased - Recovery at his instance - Co-accused acquitted - Can be convicted u/s 302 and for no other offence - Appeal partly allowed...........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 307, 324, 328, 452, 34 -- Murder of three and injuries to other members of same family by mob of 60 - Conviction of 13 and acquittal of 47 - Appellant acquitted by trial Court but convicted by High Court - Appellant was seen prominently in the mob trespassing into house of Mohan - He and others challenged the deceased..........
Insurance claim -- Delay - Interest claim - Delayed settlement of insurance claim - Prayer of the complainant only with regard to payment of interest on the principal amount - A bare claim of interest under the Consumer Protection Act is not maintainable, in the absence of principal relief - Secondly, there is no specific terms and conditions in the policy or in any other..........
Indian Penal Code, 1860, Section 302, 304 Part I -- Murder - Motive of offence found very weak - Quarrel on a petty loan on holi festival - Involvement of father of appellant found doubtful - Presence of eye witnesses found doubtful and medical evidence not supporting their version - Accused acquitted - Appeal allowed...........