Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
Service -- Wrongful order passed by quasi judicial authority - Delay in initiating departmental proceedings - Where there is unexplained inordinate delay in initiating departmental proceedings despite alleged misconduct being within knowledge of department, but still no departmental proceedings are initiated, chargesheet issued can be quashed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1994 days in filing appeal - Appellants have failed to give any legitimate explanation for delay caused in filing appeal - It is not appropriate to excuse the delay only on the grounds that applicant did not have due knowledge of decision passed by Court below - Appellants bald claims that they could not..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were in the knowledge of petitioner and have also been mentioned in the plaint - Therefore, contention of petitioner that documents were not tendered due to inadvertent mistake of his counsel rejected - It is only at the stage of rebuttal evidence and arguments that petitioner had filed..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - None of PWs is eye witnesses to occurrence - PWs has not actually seen petitioner driving vehicle prior to accident or even on the date of occurrence - Knowledge of PWs about involvement of petitioner in alleged occurrence is hearsay in nature - PWs came to know about it after enquiring from others..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Basic ingredient of S.304(Part II) IPC is presence of knowledge and absence of intention...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Clerical error in name of Court in summons - Petitioner alleged that summons were received from Special Court for CBI cases, but trial is conducted by Additional Session Court - However,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Seized vehicles can be confiscated by Trial Court only on conclusion of trial when accused is convicted or acquitted or discharged - Further, even where Court is of the view that vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff cannot be unsuited at the nascent stage of suit, merely on the basis of mutation entry unless specific knowledge of exclusion of right is brought on record...........
