Probation of Offenders Act, 1958, Section 4 -- Probation of good conduct - Benefit of probation under the Act is not excluded by provisions of mandatory minimum sentence prescribed for an offence...........
Probation of Offenders Act, 1958, Section 4 -- Probation of good conduct - Accused not served out minimum sentence though they have served about half the sentences - They were aged under 19 & 21 years of age as on date of offence but not on date of sentence - No adverse report against accused about their conduct in jail - Benefit of probation can be extended to accused in..........
Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - On basis of parity - Murder - Petitioner is main accused and he played a key role in planning murder of deceased and ultimately killing him - More than sufficient material on record against accused - It was petitioner who compelled co-accused to call deceased to their..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Nothing on record to suggest or suspect involvement of two co-accused in crime except their sample fingerprints matched with those lifted from house..........
Service -- Extension of service - Disability - As per S.20(4) of Rights of Persons with Disabilities Act, 2016 it is clear that even if disability has been acquired by an employer during the course of employment, benefit has to be afforded to said employee - Petitioner cannot be non-suited merely on the ground that employment was not secured on the basis of disability and..........
Service -- Extension of service - Contractual employee - Benefit under Rights of Persons with Disabilities Act - Available to petitioner though circumscribed within parameters of contractual employment...........
Criminal Procedure Code, 1973, Section 357A(4) -- Victim's compensation - When an application is made by a victim of crime that occurred prior to coming into force of S.357-A(4) Cr.P.C, a prospective benefit is given, taking into reckoning an antecedent fact...........
Service -- Time bound promotional scale - Appellants were promoted to post of Assistant Engineer and were not appointed by direct recruitment - Claim of appellants for time bound promotional scale after completion of 9-16 years service only at par with other employees who were directly appointed is not tenable - Benefit given to employees who were appointed by direct..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - PW3 is eye witness to giving and taking of bribe money - However, PW3 not stated as to who gave money and to whom money was given - Further, PW3 did not state from whom money was demanded and for what purpose money was to be brought - Evidence on record falls..........
