Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused brutally assaulted deceased suspecting him to be a thief - Evidence of autopsy surgeon shows that deceased died due to injuries sustained by him which were ante mortem and homicidal in nature - No evidence is forthcoming from cross-examination of PWs that accused caused death of deceased..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If Magistrate finds that I.O has conducted investigation in a just and fair manner and no material evidence was omitted/ignored then complainant cannot compel Court to direct further investigation in the matter...........
Service -- Pension - Benefit of Apex Scale - Respondent retired from service in the year 2001 i.e much prior to coming into force of Amended Rules 2008 - Claim of respondent to get benefit of apex scale as per said Rules was thoroughly misconceived - Moreover, apex scale was fixed for upgraded post designated as Head of Forest Force and was to be filled up by way of..........
Registration Act, 1908, Section 17 -- Registration - Clause in agreement of sale, which is compulsorily registerable, but not registered is not independent of or divisible from transaction in issue i.e sale of suit land - No clause of a document inadmissible in evidence for want of registration can be relied for any purpose including possession...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - For seeking prosecution of an accused for offences of cheating and breach of trust, intention to cheat must be existing at the inception of transaction - Subsequent development of such intention would not create an element of criminality in the act complained of...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Indian Penal Code, 1860, Section 149 -- Common object - Accused charged for the offences punishable u/s 149 IPC - Their presence established and it is stated that they were part of unlawful assembly - Individual role and/or overt act by individual accused is not significant and/or relevant...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149, 504, 506, 34 -- Bail - Murder - High Court granted bail to accused No.2 in serious offences without applying correct facts - High Court not at all appreciated the fact that all accused were charged for offences in question and all accused with a common intention..........
