Indian Penal Code, 1860, Section 302 -- Murder - False implication - Memo of arrest of accused prepared one day after his arrest - Same also creates suspicion in preparation of memos by investigation agency during course of investigation, wherein dates have been mentioned differently and same are not getting corroborated with statements of PW2 and PW5 - Possibility that..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - For purpose of identification of weapon and motor cycle used by accused for commission of offence - Oral request was made before Court below by National Investigating Agency, as same was not readily available leads to inference that prosecution has not waived its right to show material objects to..........
Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Order allowing application u/s 311 Cr.P.C - Appeal against such interlocutory order is barred u/s 21 of National Investigating Agency - Writ petition u/art 227 of Constitution against such order is maintainable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - From FIR and statements of witnesses an offence u/s 304(Part II) IPC having been made out, investigating agency was required to file charge sheet within 60 days - Charged sheet not filed within 60 days - Petitioner having exercised his right to default bail by an oral prayer, he is entitled to default bail...........
Kerala Education Rules, 1959, Rule 4 -- Service - Post of Higher Secondary School teacher (Junior) - Method of recruitment - Post of High Secondary School Teacher has to be filled up first by transfer of junior Lecturer from qualified High School Assistant in Subjects concerned - In the absence of qualified hands, by transfer of qualified Upper Primary School..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail can be cancelled on the grounds, viz. (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar activities which would hamper..........
Medical Council of India Act, 1956 -- Admission to course of MBBS/BDS - National Eligibility-cum-entrance test-UG (NEET-UG) - Bilingual question paper - Mistakes in Tamil translation of English questions - 24,000 students took the examination in Tamil language - High Court committed error by awarding 4 marks for all 49 questions without any reference to answer of those..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary challan - Investigating agency itself submitted report u/s 173(8) Cr.P.C, which is neither on an application filed by complainant before trial Court nor in exercise of suo moto power of trial Court, therefore, investigating agency has authority to do so - Supplementary charge sheet held, cannot be quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
Arbitration and Conciliation Act, 1996, Section 11(9) -- Appointment of arbitrator - Breach of agency agreement - Agreement contained a arbitration clause meant for determination of dispute by arbitration - Dispute between parties have arisen due to breach of agency agreement which remained unsettled - Former Judge of Supreme Court appointed to act as arbitrator to..........
