.....high court dismissed the second appeal finding no substantial question of law before it and no justification for interference with the findings of facts by the courts below. 5 for facility of reference the relevant sections of the evidence act are reproduced:68. proof of execution of document required by law to be attested.-if a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence: provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.69. proof where no attesting witness found.-if no such attesting witness can be found, or if the document purports to have been executed in the united kingdom, it must be proved that the attestation of one attesting witness at least is in.....
Tag this Judgment! Ask ChatGPT.....append his own opinion to the proceedings of the summary court martial while forwarding them to the authorised officer. this is amply clear from the fact that the records made available to the high court as well as to this court do not contain any order of the "prescribed officer" setting aside the proceedings or reducing sentence to any other sentence which the scm had imposed. it also seems to us to be plain that instead of setting aside or reducing the sting of the sentence the deputy judge-advocate general has opined, without any statutory authority, that the summary court martial itself should be set aside and the accused/respondent be relieved of all consequences of trial. wholly contrary to his own opinion, the deputy judge-advocate general has gone on to return a finding of misappropriation and a sentence that the conduct of the accused/respondent renders his retention in the service as undesirable. it determined that although the officer conducting the court martial recorded a plea of guilty under rule 116(4), a perusal of the respondent's statement in the summary of evidence belied this recording; that therein, qua the second charge, the respondent had contested the.....
Tag this Judgment! Ask ChatGPT.....of the report, or to contradict the finding of the report by examining an independent handwriting expert.6. the learned mm was conscious of the fact that the opinion of the handwriting expert was not binding in nature, and that the court could disregard the same if there are sufficient reasons to do so, since an expert witness and his opinion are only meant for assistance of the court. the learned mm observed that on a careful examination of the disputed signatures and the admitted signatures, it appears that they have been made in two different styles and there are many variations in them which are visible even to the naked eye. consequently, the learned mm held that the report of the fsl inspired confidence and that there was no reason to disbelieve the same. the said opinion was, accordingly, accepted by the mm.7. reliance placed by the complainant on santosh kumar gupta v. state & anr. passed by this court in crl mc8622011 was held to be not applicable to the facts of the present case.8. learned counsel submits that the witness from the concerned bank was not summoned, who alone could have deposed with regard to the genuineness of the signatures of the accused on the.....
Tag this Judgment! Ask ChatGPT.....of gratuity act is not applicable in view of statute 28-a of delhi university act, 1922 for the purpose of gratuity.7. before adverting to the facts of the present case, it is necessary to reproduce relevant section 14 of the payment of gratuity act, 1972 which reads as under:“14. act to override other enactments, etc.—the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this act.” 8. the apex court in ‘allahabad bank versus all india allahabad bank retired employees association’, (2010) 2 scc44 observed as under:“14. a plain reading of the provisions referred to hereinabove makes it abundantly clear that there is no escape from payment of gratuity under the provisions of the act unless the establishment is granted exemption from the operation of the provisions of the act by the appropriate government.31. ...... no establishment can decide for itself that employees in such establishments were in receipt of gratuity or pensionary benefits not less favourable than the.....
Tag this Judgment! Ask ChatGPT.....(1)”.9. thus, even if rule 108 governs the service of the petitioner, he cannot claim status of a permanent employee of crpf. but, as a matter of fact we note that the writ petitioner cannot rely upon rule 108 of the crpf rules, 1955 for the reason, as noted above, the petitioner was enrolled to the junior most post in crpf i.e. as a constable (gd).10. pertaining to members of the force who are not appointed i.e. who are not superior officers, but are enrolled in the force, the applicable rule is rule 16 of the central reserve police force rules, 1955 which specifies three years’ period as the period of probation for those who are enrolled in crpf.11. the petitioner being enrolled as a constable (gd) on june 13, 2011 was obviously a probationer when the impugned order was passed, for the reason the three years’ probation period would come to an end on june 13, 2014.12. rule 102 of the central reserve police force rules, 1955, reads as under:“102. other conditions of servicethe conditions of service of members of the force in respect of matters for which no provision is made in these rules shall be the same as are for the time being applicable to other officers of the.....
Tag this Judgment! Ask ChatGPT.....being the parents of the deceased. it was further submitted that the learned trial court has convicted the appellant only on account of the fact that he is the “designated” and unfortunate husband of the deceased, otherwise there is absolutely not even a single allegation which may separate the case of the appellant when compared to the role attributed to the other acquitted persons and the allegations are not specific qua the appellant and hence he is liable to be acquitted of the charges against him.7. per contra, it was submitted by ms. jasbir kaur, learned additional public prosecutor for the state that the essential ingredients of section 304b ipc are fully attracted in the instant case, inasmuch as, it stands proved that the deceased committed suicide within seven years of marriage. from the testimony of pw1 and pw2, it is proved that the deceased was subjected to harassment on account of demand of dowry which compelled the deceased to take the extreme step of committing suicide. moreover, the death had taken place within the matrimonial home. as such, it was for the accused to explain as to why the deceased committed suicide. as regards certain variations in.....
Tag this Judgment! Ask ChatGPT.....be set aside and trial court judgment deserves to be restored. learned counsel for respondent had supported the impugned judgment to submit that the factum of appellant filing the statutory appeal against punishment inflicted in the first charge-sheet, is not established from the evidence on record and so, the dismissal of appellant’s suit is justified as there is no violation of principles of natural justice. lastly, it was submitted that the decision in prem pal singh (supra) is no of avail to the case of appellant. the submissions advanced by both the sides, judgment of the courts below, the evidence on record and the decision cited have been duly considered and thereupon, it becomes apparent that though appellant asserts that he had filed the statutory appeal against punishment inflicted in the first charge-sheet but appellant has nowhere deposed as to the fate of the said statutory appeal. no doubt, appellant had averred in the plaint that he had filed the statutory appeal against the punishment inflicted in the first charge-sheet but in the written statement by the respondents, it is categorically denied that any statutory appeal was filed by appellant against the.....
Tag this Judgment! Ask ChatGPT.....preferred an appeal dated 22.08.1997 before the second respondent. this time, the appellate authority, the second respondent, confirmed the order of the third respondent, by an order dated 29.07.1998. 6.therefore, the petitioner filed a revision petition dated 12.11.1998 before the first respondent. the first respondent also confirmed the orders of the appellate authority that confirmed the order of the disciplinary authority, by an order in g.o.(d)no.461, revenue (ser) 4(1) department, dated 09.09.1999. 7.the petitioner filed original application in o.a.no.8699 of 2000 (w.p.no.40600 of 2006) praying to quash the order dated 09.09.1999 of the first respondent, confirming the order dated 29.07.1998 of the second respondent and order dated 10.06.1997 of the third respondent. 8.heard mr.m.govindaraj, learned counsel for the petitioner and mr.p.muthukumar, learned government advocate for the respondents. 9.the learned counsel for the petitioner submits that the third respondent committed the very same mistake that was committed by the third respondent in the earlier order dated 30.05.1996, when the revised order dated 10.06.1997 was passed. that is, the third respondent did.....
Tag this Judgment! Ask ChatGPT.....district and sessions judge, pudukottai, has filed this revision. 2.a perusal of the materials available on record would disclose the following facts: the accused, viz. kaboor khan got married to the daughter of p.w.1, and according to p.w.1, at the time of marriage, he has given 5 sovereigns of gold jewels and a gold chain weighing 2 sovereigns and a cash of rs.1,10,000/-, a sum of rs.22,000/- for purchasing a two-wheeler and to meet out other expenses, a sum of rs.10,000/-. in all, a sum of rs.1,42,000/- was given a dowry, and within three months from the date of marriage, the accused asked his wife to get a sum of rs.80,000/- for starting a business / shop by means of dowry and it was not acceded to by the parents of the deceased. the accused used to taunt his wife repeatedly to get money from her parents for the purpose of starting business. one such occasion on 27.06.2006, the accused brought his wife to her parental home and demanded a sum of rs.80,000/- by way of dowry and it was mollified by the parents of the deceased and immediately after returning the house, once again, the accused has harassed his wife. unable to bear with the same, she committed suicide by.....
Tag this Judgment! Ask ChatGPT.....on role of enquiry officer/presenting officer’ of the bank is that the enquiry officer should not have been specifically connected with the facts of the case as an investigating officer or a dealing officer i.e a person who is otherwise dealing with the facts of the case should not be an investigating officer in a case, but merely because the enquiry officer who was dealing with the various branches of the bank was also a dealing officer of the branch where the charged officer is posted, will not mean that the enquiry is flawed once the enquiry officer was connected to the specific facts of this case against the petitioner/charged officer. the first argument therefore urged on behalf of the petitioner is rejected.8. so far as the second argument that the enquiry officer and the charged officer should not be of the same rank is concerned, it is noted that no rule/regulation of the respondent bank was pointed out except a commentary in a handbook published by the officers’ association. the handbook published by the officers’ association cannot become a rule/regulation of the bank, and therefore, since there is no rule/regulation of the bank in the allahabad bank.....
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