Service -- Absence from duty - Certified Standing Orders of Company that if a workman absents himself for ten consecutive working days without leave, shall be deemed to have left the firm's service without notice, thereby terminating his service - Absence without leave - Workman asked to report - Non compliance - Service terminated - Workman informing management that he..........
Indian Penal Code, 1860, Section 302 -- Murder on minor incident of urination by deceased at a public place - Informant PW 10 (wife of deceased) who witnessed the occurrence not called to identify the appellant - Appellant arrested after a month of incident - Recovery of knife at his instance unbelievable - Testimony of important witnesses PWs 4 to 6 & 10 not inspiring..........
Indian Penal Code, 1860, Section 302 -- Death due to strangulation - Doctor in cross examination said 'It is true that generally in all cases of throttling marks of violence and injuries cannot be found' - Held, what doctor has said is not a conclusive opinion but it is only a possibility - In the absence of any other material to show that death had occurred by throttling..........
Criminal trial -- Appeal against conviction - In a concurring judgment of conviction, Apex Court is not to scrutinise evidence again unless there has been total miscarriage of justice...........
Property developer -- Services of - Contract between employees and Property Developer - Initial payments were made by the members of the Scheme, but for reasons of non-availability of loan, further payments could not be made bringing the construction activity to a stand still beyond the plinth level - Complaint by some members of the Scheme - Allowed by District Forum..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - The appellate Court not to reverse the findings recorded by the trial Judge merely because it on re-appreciation of evidence takes possible alternate view - It will exercise its jurisdiction only if the findings recorded by the trial Judge are illegal and not possible in law...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Appeal against acquittal - Appreciation of evidence - Statement of the father of the deceased contradictory and having material improvement over the first version given soon after the occurrence - PW9, sister of the deceased, stating that the deceased has written many letters alleging harassment by the accused but none..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 5 -- Declaratory decree - Stay of operation of decree pending disposal of appeal - Held, appellate Court has power to grant stay of operation of decree...........
Consumer Protection Act, 1986, Section 27 -- Recall of order - State Commission passing execution of order directing OP-applicant to deposit Rs.1,07,000/- with it - In appeal, National Commission granting interim stay - Order passed in execution came to be passed since the interim order of the National Commission was not brought to the notice of the State Commission by the..........
Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal by Complainant - Delay of one month and twenty days in lodging the complaint - First version of the incident completely belying the stand of the complainant - No eye witness produced - Circumstantial evidence not sufficient so as to return the finding that the accused was guilty of offence u/s 302 IPC -..........
