Indian Penal Code, 1860, Section 302, 307 -- Death in police encounter - Version of police that on the night of occurrence a police party was engaged in encounter with 4/5 terrorists - Two occupants of car died in cross firing - Car not damaged by firing - No injury received by driver of car - Post mortem report shows that while sitting in the car, injuries not possible -..........
Railways Act, 1989, Section 124, 124A, 2(26) -- Death in an untoward incident - Deceased purchased a ticket but boarded a wrong train and died in an accidental fall - Deceased would be treated as bonafide passenger - Rs.4 lacs awarded as compensation...........
Constitution of India, 1950, Article 14, 226 -- Award of labour Court - Parity of pay scales - It will be difficult for the Court to enter into the realm of what would appropriately be an administrative exercise requiring a certain technical expertise - It is difficult to adjudge as to whether the administration was at all aware of the anomalies that came about and it was..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Defence plea that burn injuries received due to accident of bursting of stove - One hardly hears of a stove burst unless a bride gets burns - One wonders why only the brides, subjected to cruelty in relation to demands for dowry, become victim of stove bursts in their matrimonial homes - Are the stoves having some kind..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death - Dying declaration recorded by doctor in presence of brother of husband that she caught fire due to accidental burst of stove - Later on dying declaration recorded by CJM where deceased stated that husband, his mother and brother poured kerosene oil and set her on fire as their dowry..........
Insurance claim -- File closed as 'no claim' on the ground that the registration number of the vehicle not furnished - The vehicle was covered by insurance during the accidental fire not in dispute - The car was totally burnt is not in dispute - Further the car's engine number and chassis number were mentioned in the insurance policy correctly - It is one of the basic..........
Insurance claim -- Loss caused by fire - Case of complainant about fire being accidental is supported by report of Surveyor - Complainant having discharged the initial burden regarding cause of fire it was for the OP No.1 - Insurance Company to disprove the same - Insurance Company has failed to prove by adducing cogent evidence that the fire was staged - managed as..........
Indian Penal Code, 1860, Section 300 -Clause Thirdly - Culpable homicide - For applicability of S.300 thirdly prosecution must prove : (1) it must establish, quite objectively, that a bodily injury is present; (2) the nature of the injury must be proved; These are purely objective investigations; (3) it must be proved that there was an intention to inflict that particular..........
Arms Act, 1959, Section 17 -- Arms licence - Cancellation - Firing in marriage ceremony - Accidental death - Petitioner involved in the criminal case on the basis of statement u/s 161 Cr.P.C. - Not a ground for suspension or cancellation of arms licence...........
Insurance claim -- Repudiation - Loss by Fire which was accidental due to electric short circuit - FSL report that out of 90 sale and purchase bill, 87 were found written by one and the same person while the remaining also by the one and same person - Had all the documents and account books submitted by the complainant being genuine, it may not have taken time of about 6..........