Employee's Compensation Act, 1923, Section 3, 12 -- Compensation - Whether principle-employer is liable to pay amount of compensation when employee died while working under supervision and on premises of principle employer and his right for indemnification - Work was being executed on electricity lined of Nigam under direct control and supervision of Nigam officials and..........
Railways Act, 1989, Section 124A -- Bona fide passenger - Story is more credible that deceased slept in train and could not de-board at destination railway station and when they woke up they tried to find out which is next railway station - Therefore, in such curiosity, it is likely that deceased would co0me near gate - So far as passengers who exceed journey, Tribunal had..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Once document is admitted in evidence and marked without objection, same is not liable to be questioned at later stage that mode of proof ought to have been different as per law - However, it does not compel Court to accept document as nomenclature or to accept purpose for which it have been..........
Haryana Civil Services (Assured Career Progression) Rules, 1998 -- Once ACP is granted and subsequently if an employees has been granted promotion and he denies promotion, in such circumstances, ACP granted cannot be withdrawn - In absence of statutory provisions for withdrawing benefit of 2nd ACP, impugned order is without any basis and same is liable to set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court has to first go into merits of adjudication by trial Court and only on being satisfied that decree is liable to be reversed and fresh trial is considered necessary that order of remand can be passed...........
Criminal Procedure Code, 1973, Section 482, 169 -- Quashing of proceedings - Closure report filed by police - Statements of witnesses which were recorded by police and report given by CSP does not appear to be correct as he has merely given a finding that in absence of any documentary evidence it cannot be said that respondent No.2 has paid the amount to applicant -..........
Criminal trial -- Doubt - Whenever there arises doubt in the prosecution case, benefit of same is extended to accused - In the instant case prosecution story is doubtful on account of discrepancy between ocular version and medical evidence - Appellant liable to be acquitted on benefit of doubt...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All accused who participated in crime with A-1 acquitted - Vicarious liability u/s 34 IPC would not be attracted so as to hold A-1 liable for offence u/s 302 IPC with the aid of S.34 IPC...........
