Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Evidence Act, 1872, Section 4 -- 'May presume' & 'Shall presume' - Presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions' - Expression 'shall be presumed' employed in Section 4(1) of the Act has the import of..........
Indian Penal Code, 1860, Section 326 -- Causing grievous injury - FIR as well as eyewitnesses clearly stating that appellant inflicted injury with his weapon on the victim - Medical evidence showing that the injury was grievous and was inflicted by a sharp-edged weapon - Plea of appellant as to exercise of right of self-defence rightly rejected by High Court - Held that,..........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - Power of the High Court under Section 15(5) of the 1949 Act much wider than its revisional jurisdiction under Section 115 CPC - It has to be exercised subject to well known limitations inherent in all revisional jurisdictions - It cannot be equated with an appellate jurisdiction - High..........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Removal of Sarpanch - Non - supply of copy of enquiry report to Sarpanch - Resulted in denial of opportunity of hearing envisaged under Section 51(3) - Order of removal of Sarpanch liable to be quashed on that ground - Right to make representation to disciplinary authority against findings recorded in enquiry report -..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of dead body on the basis of information already known - Section 27 of the Evidence Act has no application...........
Criminal Procedure Code, 1973, Section 313 -- Examination under Section 313 of the Code is not an empty formality - Purpose is to bring to the notice of the accused the materials brought on record by the prosecution to substantiate its accusations - An opportunity is granted to the accused to explain incriminating circumstances against him and have his say in the..........
Banker's Books Evidence Act, 1891, Section 2(8) -- Statement of account - Date of attestation - Omission - Detailed ingredients mentioned in Section 2(8) are merely directory and not mandatory - Mere non mentioning of date in the attestation of statement of account is not fatal - When entries in statement of account are not disputed then plaintiff's own statement on oath..........
Indian Penal Code, 1860, Section 302, 34 -- Appreciation of evidence - Prosecution alleged that there was a conspiracy between the accused amongst themselves to commit the crime - Conspiracy not mentioned in FIR - Not based on his personal knowledge - Fact that two witnesses remained admitted in hospital for a number of days not mentioned - DW received injury in the same..........
