Evidence Act, 1872, Section 24 -- Extra judicial confession - A very weak piece of evidence which requires corroboration of other evidence to complete the chain of events pointing to the conclusion of guilt of the accused...........
Punjab Municipal Act, 1911, Section 13A(1), Delimitation of Wards of Municipalities Rules, 1972, Rule 6 -- Delimitation of wards - Held, principle of delimitation requires each municipality to be divided into wards in such a manner that population of each ward, as far as practicable, is same - Petitioners are confusing word `population' with `votes' - Sole basis of..........
Evidence Act, 1872, Section 3 -- Interested witness - Testimony of - Reliability - Evidences of such witnesses cannot be discarded on the ground of their being interestedness and relative witnesses - Their testimonies requires deep and cautious scrutiny...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Case based on circumstantial evidence - Exercise of power by Court - Court below did not examine the matter taking a full conspectus of the case - Held, whether chain of circumstances brought on record would reasonably lead to conviction of persons proposed to be added as accused ought to..........
Service -- Equal pay for equal work - Even though, two posts may be referred to by the same name, it would not lead to the necessary inference that the posts are identical in every manner - No straitjacket formula that two posts having the same nomenclature has to be given the same pay scale - It is for the employer to categorize the posts and to prescribe the duties of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed in three contingencies (a) where the trial court has refused to admit evidence which ought to have been admitted; (b) the additional evidence sought to be produced could not be produced despite due diligence before the trial court; (c) and/or where the appellate court..........
Civil Procedure Code, 1908, Section 92, 47, 48 - - Indian Youth Centre Trust - Delegation by trustee - Permissibility - Held, principal of general law pertaining to an instrument of Trust, or for that matter any other indenture authorizing living human beings to act on behalf of a juristic entity would require the living human beings to act within the powers conferred upon..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata and bar of O.2.R.2 CPC - Difference between the two - The former enjoins duty on the plaintiff or defendant to ring forward all the grounds of attack in respect of his claim whereas later requires plaintiff to claim all reliefs flowing from the same cause of action - Principle of res judicata governs..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Owing to breach of agreement by petitioner/accused, respondent No.2/complainant had not withdrawn earlier complaint - Merely because case was concluded and ended in acquittal, it cannot be said that there is no legally enforceable..........
Legal Services Authorities Act, 1987, Section 12, 13, Constitution of India, 1950, Article 39A -- Murder trial - Free Legal Aid - Not provided - Conviction - Legality of - Held, Court is under obligation to enquire accused or convict whether he or she requires legal representation at State expenses - Since no endeavour made by High Court, conviction liable to be set aside..........
