In the night there was an exchange of fire between men in uniform and members of the public, but there is no reliable evidence that the exchange of fire was with a view to kill. Moreover, the deceased did not die of a rifle bullet injury. Rather, he died from a .12 bore gunshot which […]
Factors to be considered for grant of probation, explained. Held, The incident pertains to the year 2007, when the appellant was about 31 years of age and has been sentenced to undergo imprisonment for a period of one month. As per the information furnished by the learned counsel for the State, the appellant has never
Applicability of Doctrine of approbate and reprobate, explained. In the case on hand, the management of FCI filed a writ petition challenging the Award passed by the Tribunal but having secured conditional interim relief therein, the management chose to implement the impugned Award though it was under no compulsion to do so. As pointed out
Evidence Act, 1872 — S. 115 — Approbate and Reprobate Read More »
Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered the disability. The same injury suffered by two different persons may affect them in different ways. Loss of leg by a farmer or a rickshaw puller may be end
Principles clarified relating to validity of rejection of application for setting aside of ex parte eviction decree on ground that amount towards further use and occupation of suit shop not deposited. Held, Apart from the above, where we find that the Trial Court and the High Court had taken too technical and impractical a view
At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the
Principles clarified relating to approach to be adopted by the Court in FIR/investigation in PC Act/corruption cases. Held, to maintain probity in the system of governance as well as to ensure that societal pollutants are weeded out at the earliest, it would be eminently desirable if the high courts maintain a hands-off approach and not
Law clarified relating to necessity of Deposit on or before the due date of employees’ contribution in terms of the EPF Act/Scheme and ESI Act/Regulations, etc., for claiming deduction. Scheme vis-à-vis deposit of employer’s contribution and that of employees’ contribution, distinguished between. Held, The non-obstante clause has to be understood in the context of the
Income Tax Act, 1961 — Ss. 36(1)(v-a), 36(1)(iv), and 43-B r/w S. 2(24)(x) Read More »
Held, Thus, criminal breach of trust would, inter alia, mean using or disposing of the property by a person who is entrusted with or otherwise has dominion. Such an act must not only be done dishonestly, but also in violation of any direction of law or any contract express or implied relating to carrying out
The allegations against the appellant had been that on 03.05.2009, he took his two sons, aged about 9 years and 6 years, to Haiderpur Canal, strangulated them, and threw the dead bodies into the canal; and thereafter, attempted to project as if it were a case of accidental drowning. It was also alleged that the
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