Employee's Compensation Act, 1923, Section 4(1)(a), 4(1B), 4A, 19 -- Employees Compensation (Amendment) Act, 2009 - Compensation - Amendment - Compensation payable was increased by Amendment - Objective - To remove deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by employee - Held, there is nothing to..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW15, wife of deceased stated that accused told her that he murdered deceased - However, said fact is not incorporated in FIR - Statement of PW15 thus, rendered doubtful with regard to involvement of accused in crime - Postmortem report of deceased shows that deceased had suffered incised wound..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Claim of payment of interest on delayed payment of arrears of salary - Petitioner either failed to claim the said benefit of interest or not pressed the same at the relevant time, when cases were decided - He cannot now be permitted to raise the same plea by way of separate writ petition - Writ petition..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise between parties - Wife having taken benefit under the compromise not coming forward to get her statement recorded to quash FIR - Wife cannot be permitted to back out of compromise - Proceedings under the FIR deserve to be quashed - FIR and all subsequent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 54 -- Recovery of 6 bags of ganja - Driver of vehicle, accused `B' stands on different footing than owner of vehicle - Recovery or possession of contraband from vehicle can under no circumstances be attributed to him, given scanty of evidence on record - One authorized letter issued by owner of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.500 kgs poppy husk - Discrepancies found in statements of witnesses regarding recovery and manner of procuring weighing scale - These discrepancies assume glaring significance as independent witness though joined in investigation but not examined during course of trial and even link evidence..........
Practice and Procedure -- Once trial Court has expressed a view, particularly when trial Court has had the benefit of evidence unfolding before it, unless there is overwhelming material to contrary, the appellate Court would scarcely disturb a factual finding...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation on mother-in-law - Motive attributed to A-2 in FIR arising out of her alleged immoral conduct is not proved at all - Although, it may be possible that A2 was present at the place of occurrence as her alibi does not inspire confidence, her culpability in factual matrix of case, appears to be tenuous as deceased..........
Partition suit -- Plaintiff submitted that he was treated as eldest son in family - Such submission cannot be entertained for purpose of extending benefit of inheritance...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
