Criminal Procedure Code, 1973, Section 157 -- Magistrate on leave - Sent to another Court at a distance of 60 K.M. - No delay in sending FIR to the Magistrate - Allegation that the FIR was ante timed is without any foundation - Impugned judgment cannot be said to be suffering from infirmity to warrant interference...........
Indian Penal Code, 1860, Section 324, 34 -- Grievous hurt - All the four accused were convicted by trial judge - High Court, however, having regard to the fact that other accused had not been named in FIR and no test identification parade was held extended benefit of doubt in favour of three of them - Held, on same analogy, a judgment of acquittal can not be recorded in..........
Advocates Act, 1961, Section 35 -- Two Advocates connived with the parties and became instrument in obtaining orders by way of collusion - Thus, becoming participants in fraud on the court - Held, if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law - Case of two Advocates referred to Bar Council for appropriate action...........
Fraud -- If any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - 'To enable it to pronounce judgment' - Meaning - Ability to pronounce a judgment is to be understood as the ability to pronounce a judgment satisfactorily to the mind of the Court delivering it...........
Departmental proceedings -- Punishment - Termination - Bias - Disciplinary authority - Appearing as witness - Despite being a witness and having deposed against the petitioner sat over the judgment to assess his own credibility and passed the impugned order of termination against the petitioner - Such a course held impermissible - Bias is a state of mind - It is very..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Order of High Court unreasoned - Reasons must be given in support of the conclusions arrived in a judgment - Reasons introduce clarity in an order - Reasons howsoever brief in order is indicative of an application of mind - Impugned order without reasons set aside and matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 304 -- Part II - Nature of offence - High Court altered conviction from S.304 Part II IPC to S.302 IPC - Firing was done in spur of moment and there was a free fight - Impugned order set aside - Judgment of trial Court restored...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has power to review the entire evidence - An order of acquittal will not be interfered with when judgment of trial Court is based on evidence and the view taken is reasonable and plausible and order of trial Court not to be reversed merely because a different view is possible...........
Constitution of India, 1950, Article 14 -- Equal pay for equal work - Pay fixation - Junior to appellant plaintiff drawing more pay - The action of the respondents in denying the benefit of higher pay scale was discriminatory as his juniors were drawing more salary than him - Judgment and decree of the first Appellate Court on this issued reverse and the judgment and..........
