Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner is that respondent was duly served through publication in a newspaper - All notices issued to respondent were received back with a specific report that respondent was not residing in village - In these circumstances, publication in newspaper which is stated to be circulated..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Any communication would be deemed to have been received, if it is delivered to addressee personally or at his place of business, habitual address or mailing address - Communication would be deemed to have been received by party on the day it is so delivered - In the instant case, copy of..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - Proximity between time of last seen of deceased with A1 and time of death - It is proved that deceased was last seen with A1 on 24.08.2002 - Post-mortem examination of deceased held on 31.08.2002 - Doctor who conducted post-mortem..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 27 -- Kidnapping and Murder - Circumstantial evidence - A1 pointing out place of murder of deceased - Deceased went to house of A1, sent his car back to his house and then went with A1 and attended rally in afternoon and was not seen alive by anyone after such time - Doctor who conducted..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201 -- Kidnapping and Murder - Circumstances establishes that A1 was last seen in company of deceased in afternoon of date of incident - Further, A1 going with deceased to Ghaziabad on day of incident and was first to point out place of murder to police - A1 made false claims as to whereabouts of deceased as well as her..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 222 days in filing the appeal - Plea of appellant that due to poverty she could not arrange for fee to engage counsel - Ex facie explanation sought to be tendered lacks bonfides as applicant being fully conscious of her rights and/or for redressal of her grievance had engaged a counsel and filed present..........
Indian Penal Code, 1860, Section 302 -- Murder - Statements of two PWs proves that on the date of incident, it was accused who caused firearm injuries to deceased resulting in his death - Post mortem report of deceased also supports prosecution case - Prosecution proved its case - Accused rightly convicted...........
Service -- Government service - Health department - Appointments - Appointments made without any sanctioned post, without any advertisement giving opportunity to all eligible candidates to apply and seek public employment and without any method of recruitment - Such appointments are back-door entries and is an act of nepotism and favoritism and thus, from any judicial..........
Service -- Government service - Health department - Appointment - Posts of Class III or Class IV - Appointments made by Regional Deputy Director - Post of Assistant Director was provided in Directorate of Health Services with no delegation of appointment except in case of emergency against sanctioned posts - Such Regional Deputy Director has not been conferred power of..........
