Service -- Stoppage of salary - State sanctioned two vacancies for the posts of assistant teachers but School recruited three teachers - Appellants are bona fide applicants from open market and State has no proof of commission of any malpractice by appellants - Alleged mischief was at the end of school and its Manager - State approved their appointments and approval order..........
Indian Penal Code, 1860, Section 323, 335 -- Nature of offence - Accused had dealt one lathi blow on the head of deceased causing three injuries - All the injuries are simple in nature - It is thus, a case of simple hurt attracting mischief of S.323 IPC instead of S.335 IPC - Accused convicted u/s 323 IPC...........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident was preceded by a quarrel between accused and deceased, which is said to have taken place in a fit of anger - Accused appears to have realized the mistake he did and then made the efforts to put off the fire - Burn injuries were of 30% of the body surface and initially found to be simple in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Non-association of independent witnesses - Mere absence of non-association of independent witnesses will not be fatal to prosecution case - However, in such circumstance it is called upon Courts to assess version of available PWs on record more minutely in order to negate..........
Criminal Procedure Code, 1973, Section 482, 169 -- Expunction of disparaging remarks against I.O - Comments/remarks so recorded against I.O were against functioning and conduct of petitioner in person and was not integral to adjudication of application u/s 169 Cr.P.C seeking release of accused for want of sufficient evidence - Moreover, Station House Officer/I.O should not..........
Fire in godown of distillery -- Negligence - Demand of excise duty on liquor lost in fire - Warehouse in question got engulfed in fire and that led to destruction of liquor stored therein - Goods in warehouse is highly inflammable, required extra and excessive care for their safe custody - Fire incident had not taken place due to operation of any forces of nature - It is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........
