Service -- Compassionate appointment - Married daughter of deceased employee seeking appointment on compassionate basis - She cannot be said to be dependent on deceased employee - Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from death of deceased employee - Order of Tribunal and High Court directing appellants..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Re-assessment of income of deceased - Salary certificate of deceased produced on record showing monthly salary at Rs.15,000/- - Said salary certificate is proved on record - Deceased was a qualified person working as Manager in private firm - Tribunal and High Court committed error by not giving due..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death was caused by accused in unison and it was a homicidal death - Injuries were though sufficient in ordinary course of nature to have caused death, but accused had no intention to cause death of deceased - Accused liable to be convicted u/s 304(Part I) IPC...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Not attracted when incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of woman concerned...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Incident occurred in 1998 and appeal against conviction is pending since 1999 - In the interest of justice, sentence awarded to accused reduced to minimum sentence of 7 years as prescribed u/s 304-B IPC with fine and default stipulation as awarded by Court below...........
Service -- Compassionate appointment - After retirement of an employee - Appointment on compassionate grounds cannot be extended to heirs of employee on his superannuation and/or retirement - Appointment on compassionate grounds is provided upon death of an employee in harness and without any kind of security whatsoever...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused had no intention to cause injuries to deceased so as to cause his death - He had committed the alleged act with the knowledge that such act was likely to cause death - Case of accused thus, fall u/s 304(Part II) IPC and not u/s 302 IPC - Accused sentenced to imprisonment for a term of 10..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 years and 244 days in filing revision - Explanation given by applicant though involving death of his counsel, yet said event do not explain the long time period of 15 years - There is thus, no sufficient cause made out to condone delay on basis of which Court may exercise its discretion in favour of..........
