Indian Penal Code, 1860, Section 300, 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3, 8 -- Murder - Motive - Accused shooting deceased in head, by gun - Admittedly enmity between parties providing accused motive to accused - All witnesses has not been contradicted on material points in any manner particularly with respect to time of occurrence and place of..........
Service -- ACR (Annual Confidential Report) - Forms part of service record - Employee cannot be prejudiced merely because his superior officers delayed writing it...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After taking cognizance on the basis of earlier report - At that stage, Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation - Such a course is open only on the request of I.O. and that too in circumstances warranting further investigation on..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the request or prayer of the..........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Employee's Compensation Act, 1923, Section 3, 12 -- Compensation - Death had taken place due to electrocution - Contractor engaged deceased and other employees for work of principal employer and their documents produced in evidence were relied upon to notice there was report that accident had occurred due to fault of Junior Engineer - Commission order for compensation..........
Employee's Compensation Act, 1923, Section 3, 12 -- Compensation - Whether principle-employer is liable to pay amount of compensation when employee died while working under supervision and on premises of principle employer and his right for indemnification - Work was being executed on electricity lined of Nigam under direct control and supervision of Nigam officials and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 101 kg doda chura - Provision of S.57 of the Act duly compiled with and a detailed report as required under the provision was sent by SHO to his higher officer along with report of copy of FIR and recovery memo - Even otherwise, provision of S.57 of the Act is not mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Evidence Act, 1872, Section 27 -- Recovery of 101 kg doda chura - Accused cannot be convicted merely on the basis of information given by co-accused during investigation u/s 27 of Evidence Act - Moreover, recovery effected from houses of accused, in the absence of experts report, cannot be connected in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Notice to all the parties - Impleadment of a party subsequent to appointment of local commissioner - In the interest of justice prayer of re-issuance of warrant to Advocate Commissioner granted so as to submit a proper report after due consideration of all relevant documents and noting down the physical..........
