Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Recovery of 8 kgs gold of foreign origin - Detenus have been granted bail on the very same date the order of detention was quashed by High Court - Therefore, apprehension in the mind of Detaining Authority that detenus are likely to be released on bail was well..........
Punjab Land Revenue Rules, 1908, Rule 19 -- Lambardar - Appointment - Choice of Collector has to be respected and has to be given due weightage - If order of Collector does not suffer from any jurisdictional infirmity or patent factual/legal error or is not laced with perversity and/or arbitrariness, the same should not be interfered with by appellate as well as revisional..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Appeal against acquittal - Motive - Appreciation of evidence - Witnesses have been inconsistent on numerous material aspects as neither the victims of the first incident can be clearly identified nor the members of the party who went to lodge the complaint with the father..........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Indian Penal Code, 1860, Section 420, 471, 199, 200 -- Cheating - Order framing charge - Courts below while framing charge considered each and every aspect of matter and rightly framed charges - No perversity or manifest error in impugned order of framing charges - Impugned order is just and proper - No interference warranted in it...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit should not normally be dismissed on technicality just because the plaint is not signed by competent person and that too without giving sufficient opportunity to rectify error or to allow party to lead evidence to prove the same...........
Service -- Misconduct - An error of judgment does not per se constitute misconduct...........
Civil Procedure Code, 1908, Order 23, Rule 1(a) -- Transposition of defendant as plaintiff - Partition suit - In a suit for partition all plaintiffs and defendants are equally treated and they can contest as plaintiff and/or defendant - No error committed by Court below while allowing application - Order upheld...........
Indian Penal Code, 1860, Section 302, 304PartI -- Nature of offence - Incident occurred half an hour after there was abusive language used by cousin of A-1 with deceased - Accused fired from close range and he was supposed to know that it was so imminently dangerous that it must in all probability, cause death or such bodily injury as is likely to cause death - None of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
