Indian Penal Code, 1860, Section 302, 100 -- Triple murder - Plea of self defence - Accused fired gunshots indiscriminately on being angered by gathering, which was trying to persuade them from carrying out their singular objective to cause harm to PW15 - Crowd which gathered at the place of occurrence was unarmed and comprised of women and children, that by itself is..........
Madhya Pradesh Entry Tax Act, 1976, Section 3 -- Entry 55, Sch.II - Revive - Is a starch manufactured by using Tapioca roots - Revenue failed to bring any evidence on record to put revive in the category of a chemical - Therefore, revive is not a chemical...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Material evidence on record does not reveal anything which incriminates both the accused - Even depositions of parents of deceased in no way implicate both the accused as offenders - Material contradictions in the testimonies of PW6 & PW17 upon which strong reliance has been placed by High Court in convicting both the..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Concurrent findings of fact - Scope of interference in writ jurisdiction - Where findings of fact based on evidence on record, is perfectly right and justified, said concurrent findings should not be interfered with by High Court in exercise of writ or revisional jurisdiction without any solid justification...........
Rent and eviction -- Sub tenancy - Fact that sub tenant was carrying on business from suit premises was admitted by him when he stepped into witness box - This fact is supported by photographs on record - Trial Court after appreciating evidence passed eviction order on the ground of sub-tenancy, which is affirmed in revisional jurisdiction - Findings recorded by Courts..........
Work contract -- Invocation of arbitrator clause and appointment of arbitrators - Record is clear that NTPC was aware of the invocation of arbitration clause and appointment of arbitrator - Telegram in question expressly shows complete awareness on the part of NTPC and yet no further steps were taken by NTPC - Respondent no.1 which is successor-i, interest was also made..........
Constitution of India, 1950, Article 136 -- Appeal - When on appreciation of evidence which is surfaced on record finding of facts are recorded, Supreme Court is not to interfere with same unless it is found to be perverse or where it is palpably wrong and evidence on record did not warrant such conclusion...........
Indian Penal Code, 1860, Section 300 -- Murder - PW3 has stated that at time of occurrence, he was driving auto and at other place, it is stated that he was standing at corner when he saw incidence - It has also come on record that he was known to family of victim - Therefore, possibility cannot be ruled out that at instance of family members of deceased, he agreed to give..........
Service -- Reinstatement - Back wages - No evidence on record that employee remained unemployed during the relevant period - Held, appellant not entitled to back wages...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Phenolphthalein sodium carbonate test - No evidence on record that I.O shake hands with accused or caught his hands - There was no occasion for Phenolphthalein powder being transferred from hands of I.O to those of accused, as contended by accused - Even otherwise recovery of tainted..........
