Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Criminal conspiracy - Testimony of PW5 - PW5 overheard conversation between all accused about criminal conspiracy - However, PW5 has not taken the name of present accused - Accused is not mentioned as one of persons who used to visit deceased's father though three of other accused were named - No..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 325, 354, 506, 34, 120B -- Anticipatory bail - Offence u/ss 325, 354, 506, 34, 120-B IPC - Big quarrel between accused's group and rival group - Accused admittedly is a social worker and other accused are working in police department and they will never intervene in investigation of case or..........
Payment of Gratuity Act, 1972, Section 4, Conduct, Discipline and Appeal Rules, 1978, Rule 34.2 -- Pendency of departmental enquiry even after attainment of superannuation - Withholding of payment of gratuity - Permissibility - R.34.2 of Rules provides for continuation of the inquiry and deemed continuation of the employee in service after the age of superannuation -..........
Payment of Gratuity Act, 1972, Section 4(6), Conduct, Discipline and Appeal Rules, 1978, Rule 27, 34.2 -- Pendency of departmental enquiry even after attainment of superannuation - Imposition of penalty of dismissal from service - Permissibility - Upon conclusion of enquiry, if held guilty, penalties specified u/R.27 of Rules including dismissal from service cannot be..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Murder had taken place in a residential locality and deceased was a well known person and a local politician - Presence of huge crowd assembled at the spot - Field unit was stayed at the spot after the incident - Lapse on part of field unit in no, mentioning name of deceased would not justify..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Date, year and time etc. of alleged dowry demand as well as manner of torture not mentioned - No supportive evidence as regards such payment of dowry except herself - Her father and other family members not examined in support of her statement that she was subjected to torture and about such payment - None of witnesses..........
Arbitration and Conciliation Act, 1996, Section 34(2A) -- Arbitral award - Setting aside - Patent illegality - Ground of patent illegality for setting aside a domestic award has been given statutory force in S.34(2-A) of the Act - However, said ground cannot be invoked in international commercial arbitrations seated in India...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - Accused caused grievous injury to injured as per statements of injured and doctor - Offence u/ss 326, 34 IPC is made out against accused - Accused rightly convicted...........
