Service -- Misconduct - Dismissal from service - Charges of illegal gratification - Acquittal of respondent in criminal proceedings was due to no, availability of any evidence before criminal Court - However, order of dismissal in departmental proceedings was on basis of a report of inquiry officer before whom there was ample evidence against respondent - Evidence..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original of handwritten slips were lost during transit - Accused tried to create doubt on prosecution story on basis of fact that originals of handwritten slip have not been produced - Whereas, scanned copy is true copy of original which the PW1 has seen - Statement of PW1 is supported by other PWs - There is thus, no..........
Evidence Act, 1872, Section 25 -- Confessional statement made by accused before Military Police Officer alone is not admissible - But written statement which was video recorded made before an Army Officer is not hit by S.25 of the Act...........
Army Rules, 1954, Rule 58 -- Incriminating circumstances - Where accused is given detailed statements touching incriminating circumstances appearing in prosecution evidence and also retracted confessional statement made by them, it cannot be said that putting Incriminating circumstances to accused have caused any prejudice to accused...........
Armed Forces Tribunal Act, 2007, Section 15 -- Appeal against conviction - Tribunal Could re-appreciate evidence to find out if any findings of Court Martial is legally not sustainable due to any reason or that finding involves wrong decision on a question of law or there was a material irregularity in Court of trial resulting in miscarriage of justice - But such wide..........
Indian Penal Code, 1860, Section 302 -- Murder - Gunshot injury being cause of death established by medical evidence - No inconsistency found as to presence of eye witnesses at the location at the time of occurrence - None of two eye witnesses shaken during cross-examination and they had struck to recollection of facts relating to incident - Accused was identified by eye..........
Agreement to sell -- Suit for specific performance - Financial capacity - Non-availability of bills relating to gold jewellery to prove ownership - Not fatal in the present case as no serious dispute raised about the family member not making available the gold ornaments or that it was not available to them - Therefore absence of deposition by family members in favour of..........
Evidence Act, 1872, Section 62 -- Original document - Carbon copy prepared in the same process as original document and signed by both the parties - It assumes the character of original document...........
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114, 102 -- Registered sale deed - Executed by father of plaintiffs in favour of defendants - There shall be presumption in favour of defendants - Onus for rebuttal lay on plaintiff...........
Practice and procedure -- Case cannot be decided on assumptions or presumptions - Primary ingredients of law need to be first established by proper pleading supported by relevant evidence...........
