Indian Penal Code, 1860, Section 148, 302, 149, 323, 149 -- Conviction under - Appeals - Homicidal deaths - Two eye witnesses - Their presence at time of inci-dent quite natural - They were going alongwith two deceased to attend a criminal case - Courts below committed no error in accepting their evidence as credible and convicting appellant u/s 302/149 - Appellants who..........
Service -- Dereliction of duty - Bank Manager - Charge of payment of loans without adequate security and without ensuring supply of implements to the loanees - Enquiry - Challenged on the ground that for proof of charges none of witnesses was examined nor opportunity was given to cross-examine them - Charges were based on documents, part of record - Held, there is no..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of power under - For the purpose of exercising its power under Section 482 to quash a FIR or a complaint, the High Court should proceed entirely on the basis of the allegations made in the complaint - No jurisdiction to examine the correctness or otherwise of the allegations - Test to apply at the initial stage to..........
Service -- Disciplinary proceedings - Dismissal without enquiry - Witnesses could not come to give evidence on being terrorised by respondent as per report of Superintendent Police - Held, Senior Superintendent of Police cannot be said to be not justified in holding that it is not reasonably practicable to hold an enquiry against the respondent...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Sections 3(k)(i), 17, 18 and 29 - Quashing of complaint - Allegations against the petitioner goes to show the commission of offence complained therein - Not for this Court to evaluate the truthness and reliability of the allegations made in the complaint - Accused has been summoned to stand his trial..........
Criminal trial -- Minor contradictions - Three persons assaulted by a number of persons at one and the same time with different weapons - In such situation some contradictions as to who assaulted whom and with what weapon cannot be made a ground to reject the evidence of the eye witnesses, if it was otherwise reliable...........
Criminal trial -- Motive - Rioting and murder proved by eye witnesses - Question of motive pales into insignificance...........
Indian Penal Code, 1860, Section 302 -- Conviction - High Court reversed conviction holding that accused acted in legitimate exercise of right of private defence, delay in FIR and that witnesses were partisan - Two simple injuries on person of accused were opined by doctor self suffered - Injuries do not give right of private defence when accused had trespassed in..........
Indian Penal Code, 1860, Section 147, 148, 149 -- Rioting - When there is a large number of assailants and a number of witnesses - Appreciation of evidence - Testimony of witnesses may not be identical - What has to be seen is whether basic features of occurrence have been similarly viewed and/or described by witnesses in a manner which tallies with outcome of riot - It is..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Declined on the ground that the pronote bears the signature of the defendant and is thumb - marked by the witnesses and thus it cannot be taken for granted that the plaintiff had forged and fabricated this document in connivance with the witnesses and has filed the false case - Trial Court has not given..........
