Motor Vehicles Act, 1988, Section 140, 173 -- Motor accident - Compensation - No fault liability - Compensation awarded u/s 140 of the Act - Order is appealable u/s 173 as the order amounts to an award...........
Service -- Termination - Management required to take into account past record before passing order of dismissal and that same not complied with - Held, this does not mean that in a given situation, there cannot be any deviation therefrom - In a case where dismissal or removal of service is to be ordinarily followed, e.g. in a case of grave misconduct like misappropriation,..........
Service -- Termination - Theft - Acquittal in a criminal case - The question as to whether acquittal in a criminal case will be conclusive in regard to the order of punishment imposed upon the delinquent officer in a departmental proceeding is a matter which depends upon the fact situation involved in a given case...........
Certified Standing Order -- In view of the fact that the word 'shall' has been used, prime facie, it would be construed to be imperative in character - It may, however,be held to be directory in certain situation - Ordinarily, although sub-clause (5) of Clause (17) of the Certified Standing Orders is required to be complied with, the same would not mean that in a given..........
Departmental proceedings -- Criminal proceedings - Acquittal by trial court - Whether acquittal in a criminal case will be conclusive in regard to the order of punishment imposed upon the delinquent officer in a departmental proceeding is a matter which will again depend upon the fact situation involved in a given case - Case law discussed...........
Indian Penal Code, 1860, Section 85 -- Three propositions as regards the scope and ambit of Section 85 IPC are : (i) The insanity whether produced by drunkenness or otherwise is a defence to the crime charged; (ii) Evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime should be taken into account with..........
Evidence Act, 1872, Section 32 -- Dying declaration - Doctor who took down statement of deceased not examined - Doctor who treated deceased examined and he supported the prosecution case in regard to the incident in question - Doctor who examined deceased might not have taken down her statement but it is natural that he would ask the deceased about the cause of her..........
Constitution of India, 1950, Article 14,16 -- Kendriya Vidayalya Sangathan Appointment, Promotion, Seniority Rules, 1971, Rules, 4, 6, 7 and 9 - Regularisation - Ad hoc appointment - As stop gap arrangement on leave vacancies of Primary Teachers - Term of appointment not conferring any right upon them to claim regular appointment - Had such regular vacancies been created..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If Court is satisfied that dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) The Court has to scrutinize the dying declaration..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court ought not to interfere with the order of acquittal if on the basis of same evidence two views are reasonably possible - one in favour of the accused and the other against him...........
