Practice and Procedure -- Passing of strictures - Validity - High Court has passed strictures against S.D.M. - High Court has also directed District Magistrate to transfer proceedings u/s 145 Cr.P.C. from S.D.M. - Held, strictures were uncalled for - Two views are always possible - Merely because High Court takes a different view is no ground for passing strictures..........
Service -- Inquiry - Findings of Inquiry Officer are not binding on the disciplinary authority - Disciplinary authority can come to its own conclusions, of course, bearing in mind the views expressed by the Inquiry Officer - It is not necessary that the disciplinary authority should discuss materials in detail and contest the conclusions of the Inquiry Officer...........
Practice and Procedure -- Doctrine of per incuriam - Decision of a larger Bench cannot be subjected to appellate or referral jurisdiction before a smaller Bench of the same Court - Reasoning given in a judgment for taking particular view, may not be appropriate reasoning in the view of another Bench but of lesser strength - Can hardly constitute plausible and valid ground..........
Letters Patent -- Clause 10 - Scope and jurisdiction - Findings on issue of fact recorded by Single Judge - L.P.A. Bench will be loathe to interfere - Even on the points of law - L.P.A. Bench will not interfere with order of Single Judge unless it is satisfied that views expressed are totally incompatible with settled proposition of law or is per se erroneous...........
Letters Patent -- Clause 10 - Powers of LPA Bench - Extremely limited - Normally LPA Bench will not interfere unless judgment of Single Judge suffers from a manifest error of law and substantial failure of justice has occasioned - Finding of fact recorded by Single Judge on appreciation of facts - Cannot be interfered with unless clearly shown that such finding recorded..........
Indian Penal Code, 1860, Section 302, 307, 34, Explosive Substances Act, 1908, Section 3 -- Appeal against conviction - Order of acquittal passed by the trial Court upset by the High Court - The approach of the trial Court was patently erroneous - The conclusions arrived at by it were wholly untenable - It is not the case where two reasonable views on examination of the..........
Criminal trial -- Appeal against acquittal - Interference - If on re-assessment of the evidence, the appellate Court comes to the conclusion that the guilt of the accused is established, the fact that the appeal is against the acquittal will be immaterial - If two views are possible, the Court, having regard to the basic principle that presumption of innocence of the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal from acquittal - To be judged by a standard different from that applicable to those against conviction - Initial presumption of innocence is strengthened by acquittal from the trial court - The court of appeal will interfere only if it is proved, without any doubt not only that the accused person is guilty but that he..........
Rent and Eviction -- High Court while exercising the revisional jurisdiction reviewed the findings and reversed the order of statutory Revisional Authority - High Court erred factually in narrating facts - Narration of facts is totally incorrect and contrary to pleadings and evidence - High Court substituted its views in place of view taken by statutory authority - Held,..........
Criminal trial -- Medical evidence - Unnatural death - When doctor expressed two views - One that is favourable to accused must be taken into account - Medical evidence cannot be considered in isolation - It must be taken in conjunction with all circumstantial evidence on record - When entire circumstantial evidence points to homicide only and if homicide not completely..........
