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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father and to biological mother after her remarriage - Both step father and biological mother of petitioner during pendency of application arrested and charge sheeted in criminal case in connection with unnatural death of wife of petitioner - Petitioner lost his job during lockdown - These subsequent events..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Fire arm injury - Death of deceased by fire arm injury is not disputed and is proved by post mortem report - Place of occurrence was outside the residence of deceased - Disappearance of empty cartridges from the spot is explained as a number of villagers had gathered on the spot and had access to place of occurrence -..........
Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Death of deceased occurred in her matrimonial home - Accused was not found and absconding - He was arrested after six days of incident - There was no ante mortem injuries as per ocular version of doctor - Offence u/s 302 IPC though not made out but offence u/s 304-B IPC is made out...........
Medical negligence -- In the absence of evidence suggesting lack of due medical attention and care, it would not be possible for Court to second-guess the medical judgment of doctors on the line of medical treatment administered to patient - Every death in an institutionalized environment of a hospital does not necessarily amount to medical negligence on a hypothetical..........
Service -- Maternity leave - Husband of appellant had a prior marriage which ended as a result of death of his wife after which appellant married him - Husband had two biological children from his first marriage would not impinge upon the entitlement of appellant to avail maternity leave for her sole biological child - Fact that she was granted child care leave in respect..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Death - Maintainability of petition u/s 163-A of the Act - Insurance policy reveal that policy is a comprehensive one and it covers owner as well as driver - Policy on record clearly shows that premium was paid for insurance of owner as well as driver - Thus, contention raised by appellant with regard to maintainability..........
