Constitution of India, 1950, Article 73,Entry,66,List,I,Entry,25,of,List,III,of,seventh,Schedule -- Age of superannuation - Pay scales - Revision of - Scheme for Teachers in Universities and Colleges - Communication by Central Government to State Government for implementation of scheme - A part of scheme as regards pay scales implemented but as regards enhancement of age..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Relief - Breaking of - Suit for infringement of trade mark - Court having no jurisdiction in respect of action for passing off - Application filed for amendment of plaint whereby prayer for relief of passing off sought to be deleted - Court can entertain prayer for infringement of trademark and copyright - Segregating relief..........
Indian Penal Code, 1860, Section 304 Part I -- Nature of offence - Occurrence took place in the night in almost dark conditions with feeble light and attack was made indiscriminately - Appropriate conviction would be under Section 304 Part I, IPC...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit for recovery of money on account of goods supplied - Claim divided into two parts - For one part of claim, triable issue was found whereas part of claim was such for which no defence was available with defendant - held, Court rightly protected interest of plaintiff by permitting defendant..........
Insurance claim -- Inland Fish Insurance Scheme - Pisciculture project - Exclusion clause - There is no evidence to show that exclusion clauses formed part of the policy - Insurance Company has also not adduced any evidence to prove that those provisions were brought to the notice of the complainant - Therefore, reliance of the Insurance Company on exclusion clause is of..........
Insurance policy -- Plaintiff claiming loss sustained by cessation of work - Maintainability of claim - Loss or damage resulting from a total or partial cessation of work or the retarding, interruption or cessation of any process or operation are excluded from Fire insurance as well as consequential loss policy - As per evidentiary material on record no overt act on part..........
Indian Penal Code, 1860, Section 304 Part II -- Nature of offence - Murder - Four accused - Kulhari blow given on head and other injuries on other parts of body - Deceased died on spot - Doctor not opined about nature of injuries - Doctor did not state as to whether injuries were sufficient to cause death in the ordinary course of nature or not - Conviction u/s 302 cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B, 54 -- Ganja in secret chamber of jeep - Mere presence of ganja in jeep does not constitute possession - There must be knowledge about it on the part of the occupant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B, 54 -- Ganja in secret chamber of jeep - Driver on seeing Customs Officials fled away - Appellant did not make any attempt to flee away - Appellant did not move from his seat even after seeing the officials approaching him - Held, this clearly goes to show absence of knowledge on his part with regard to..........
Evidence Act, 1872, Section 32 -- Dying declaration - No rule that dying declaration cannot form the sole basis of conviction unless it is corroborated - It is not a weaker kind of evidence - However, it has to be subjected to a very close scrutiny - Dying declaration if found truthful then there is no question of further corroboration - Deceased must be in a fit state of..........
