Court : Delhi
..... learned counsel for the appellant next relied upon bhugdomal gangaram and others versus state of gujarat, (1984) 1 scc 31.to contend that the statement of the investigating officer about the manner and mode in which he had conducted the investigation should be treated as hearsay as the persons whom he had interrogated for the purpose of investigation ..... in our opinion, was incorrect in drawing a presumption of commission of offence punishable under section 302 of the indian penal code by applying the provisions of section 114 of the indian evidence act keeping in view the principle that the prosecution must prove its case beyond all reasonable doubt.24. ..... has been proved by head constable sushil kumar (pw-2), who was posted as a duty officer in police station saraswati vihar on the said date and time. ..... we do not agree with learned counsel for the appellant that the statement of the investigating officer as to the manner, mode and the persons whom he had interrogated and spoken to for the purpose of investigation cannot be relied upon by the prosecution for the reason ..... what is stated and deposed by an individual person to the investigating officer would be a third party statement and covered by hearsay, but the investigating officer can certainly refer to lead and clues during investigation and how he ..... if any such statement leads to recovery of any article it is open to the investigating officer to take the signature of any person present at that time, on the document prepared for .....
Tag this Judgment!Court : Delhi
..... said case supreme court has held as under:section 27 of the general clauses act, 1897 deals with the topic-meaning of service by post and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have ..... under the rules of the post office, the letter is to be delivered to the ..... letter is delivered to the post office, he has no control over ..... , even if the notice of termination is held to be invalid, service of summons of the suit for possession can be taken as notice under section 106 of the transfer of property act read with order vii rule 7 of the code of civil procedure but in that event the landlord would be entitled to mesne profits after the expiry of 15 days from the date ..... section 106 of the transfer of property act sent by registered post to the tenant is deemed to be served under section 27 of the general clauses act, 1897 and section 114 of the indian evidence act, 1872. ..... a notice to quit, the defendant has to plead material particulars in the written statement such as where after receiving the plaint and the documents, the defendant has checked-up with the post-office and has obtained a certificate that the postal receipt filed by the plaintiff was forged and was not issued by the concerned post office. .....
Tag this Judgment!Court : Delhi
..... three weeks of that event, the central government instructions in the office memorandum of 18.02.2008 was issued reiterating the necessity of adhering to the five very good gradings as a benchmark for the preceding years for consideration to the post of joint secretary and other equivalent ranks within the indian army. ..... eligibility norms, which spell-out the benchmark for consideration to promotion to the post of major general, were contained in the office memorandum and instructions issued from time to time and made applicable to the indian army. ..... dated 18.02.2008 had noted that the appointments committee to the cabinet had examined, in consultation with the union public service commission (upsc), and noticed that for operating and promoting personnel to the post of deputy secretary and above and their equivalent, the benchmark of very good was applicable. ..... accordingly qasb will now be held afresh for empanelment for promotion to the acting rank of maj gen for the panel year 2008-09 based on the revised benchmarks issued by dop ..... accordingly qasb will now be held afresh for empanelment for promotion to the acting rank of maj gen for the panel year 2008-09 based on the revised benchmarks issued by dop ..... to the normal selection modes, on 29.10.2007, a committee considered various names of officials for promotion from the rank of brigadier to the acting rank of major general, for the vacancy year w.p. ..... , it does not mean that the state has the license of acting in an arbitrary manner. .....
Tag this Judgment!Court : Delhi
..... it is interesting to mention here, at this stage that the note put up to the union cabinet, (dated 6th march, 2002) for the proposal to create the post of adg, by upgrading an existing ig level senior administrative grade post, stated that: keeping in view the additional responsibilities being shouldered by ig/hqrs who assists dg in all matters pertaining to establishment and who has to co-ordinate with different states and ..... by the central pay commission that the post should be exclusively manned by the rpf cadre officers is not enough; the central government has to accept that recommendation, and further act on it by framing rules for filling that post. ..... recommendation is as follows: further, keeping in view the hierarchy and the working of the indian railway system and the peculiar nature of prevailing crimes of the railway, this force need be broadly manned by their own cadre officers who have grown with the organisation to do better justice to the system of railways. ..... 1 the cadre of superior officers of the force shall be manned by(a) direct recruits through the civil services examination conducted by the union public service commission, (b) promoted from lower ranks or the force, (c) deputationists from indian police service and other state police services, (d) occasional admission of other qualified persons on the recommendation of the union public service commission, who would enter laterally as ..... the post has been manned by deputation from amongst members of the indian .....
Tag this Judgment!Court : Delhi
..... under the government of india or under the government of a state; (c) a member (other than the chairman or vice-chairman) shall, subject to the other provisions of this act, be eligible for appointment as the chairman or vice-chairman or as the chairman, vicechairman or member of any other tribunal established under any law for the time being in force, ..... or (b) has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years; or (c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a joint secretary to the government of india; or (d) has, for at least five years, held a post under a railway administration carrying a scale of ..... the stand of respondent nos.1 and 2, it is argued that qualifications of a person to be appointed as a judicial member of the railway claims tribunal are contained in section 5 of the act and when this provision is read with section 7 all that they provide for is an upper age limit of 62 years with respect to a member, and, section 10 cannot be read to ..... -on ceasing to hold office(a) the chairman of the claims tribunal shall not be ineligible for further employment either under the government of india or under the government of a state; (b) a vice-chairman shall, subject to the other provisions of this act, be eligible for appointment as the chairman of the claims tribunal, or as the chairman, vice-chairman or member of any .....
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..... the retrospective amendment by section 69 of the finance act, 2008 can ex-post facto ratify the acts of officers in issuing summons under section 108 of the customs act, however cannot make them liable for the offence for the non-compliance thereof because when the non-compliance of the summons was done the same was not ..... the contention of the learned additional solicitor general that this court will not decide the issue regarding the competency of the officer to issue summons at the relevant time and thus the violation thereof being an offence as the same would be an issue to be decided during trial and in exercise of its power ..... from the fact that the charges as against the two appellants, in terms, refer to the offences committed as having been under the various sections of the indian penal code as adapted in the united states of vindhya pradesh by ordinance no. ..... the instant complaint under sections 174 and 175 of the indian penal code(ipc) was filed by the respondent against the petitioner on the ground that the petitioner had committed an offence punishable under sections 174 and 175 ipc as he intentionally omitted to appear ..... crl.l.j.595 it was held that: shiam lal has been convicted under section 174 of the indian penal code and sentenced to a fine of rs.30. ..... of this court under section 482 of the code of criminal procedure (code) to set aside the summoning order and quashing of the complaint for an offence punishable under section 174 and 175 of indian penal code(ipc).2. .....
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..... the demands for scooter, fridge and television were poured upon her mother which she could not fulfill; even though these demands did not fall within the rigors of the dowry prohibition act, the demand for a scooter was again repeated on 15.03.1979 which was just two days prior to the day of the incident and at a time when the deceased was in ..... that this demand was a continuation of the earlier demand which had been raised prior to the marriage and even presuming that the case under the said act had failed; the fresh demand which was made on 15.03.1979 would still constitute a cruelty within the meaning of clause b of the explanation appended to section 498a. ..... statement of pw6 [kunan devi as noted (supra)], pw5-si bachan singh (part investigating officer) in his cross- examination has admitted that the appellant-subhash chandra reached the spot late ..... ipc and the indian evidence act post this incident, vide amendment act 46 of 1983 ..... dw2-partap singh who was also a part investigating officer has deposed in favour of the appellant on this point ..... help the version of the prosecution as obviously if his wife had died on 17.03.1979 the natural corollary would be that the appellant would have absented himself from his office for the following two days.20. ..... on 17.03.1979 it being a working day, the appellant was at his office at mathura appears prima facie to be correct. ..... the investigating officer-dw2 who had retired has in fact come to the rescue to the appellant ..... investigating officer was .....
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..... io umesh singh has deposed that the empty cartridge was recovered from near the electricity pole outside the office of ndpl, the testimony of pw-26 si lekhraj singh evinces that the cartridge was recovered from house ..... found in possession of two bags one of which had cash amount of rs.2,75,000/- when he was apprehended and arrested vide arrest memo ex.pw-4/j.a presumption in raised against the appellant under section 114(a) indian evidence act, 1872 when he is found to be in possession of stolen goods. ..... impugns his conviction under sections 302 and 392/397 of the indian penal code, 1860 (for short ipc) vide judgment dated 07.02.2011 ..... appellant is further sentenced to rigorous imprisonment for a term of 5 years under section 27 arms act 1959 and a fine of rs.5,000/- and in default of payment of fine, simple imprisonment for ..... pw- 2 has deposed that around 7:15pm he received information at his office at up samaj parwana road, pitampura that the cashier and the gunman at tibiya college cash collection zone 423 were not reported to be there and the cash collection ..... pw-7 has conducted the post-mortem and as per the post-mortem report (ex.pw-7/a) the deceased had sustained following injuries:i) fire arm entry wound 1.0 cm x 0.8 cm x cavity deep present over back of right side of chest with margins inverted and present ..... perusal of post-mortem report ex.pw-7/a makes clear that the death of the deceased has been consequent upon fire arm injuries that were caused from near range fire with .....
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..... in the cited case, school had been established by the officers of indian air force in the year 1976 and was run as an unrecognised school. ..... the learned judge held as under:" there is no provision in the act and the rules framed there under under requires that no school could employ on its roll any person who was over age as on the date when the school was recognised. ..... of education on the ground that the grant-in-aid was given to the respondent no.2school by the director of education on 1.9.2003, and on which date according to the director of education, as per rule 104 of the delhi school education act and rules, 1973, an employee should not be overage. ..... it is only subsequently that the directorate of education has refused to grant-in-aid on the ground that petitioner was overage at the time of grant of recognition to the school or even when the posts were sanctioned.13. ..... thus, post recognization, a school cannot employ persons who are overage. .....
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..... give any justification as to why the plaintiff did not issue any notice to the defendant on 30th october, 1996 to notify that she was waiting for whole day in the office of the subregistrar and to find out why the defendant defaulted; why no notice was issued by the plaintiff to notify that the defendant was in breach and to demand performance; ..... state of things which has been shown to be in existence within a period shorter than that within which such things or state of things usually cease to exist, is still in existence; (e) that judicial and official acts have been regularly performed; (f) that the common course of business had been followed in particular cases; (g) that evidence which could be and is not produced would, if produced be unfavourable to the person who withholds it; ..... 4 scc 158.the supreme court held that section 165 of the indian evidence act and section 311 of the code of criminal procedure confer vast and wide powers on presiding officers of court to elicit all necessary materials by playing an active role ..... that section 165 of the indian evidence act and section 540 of the code of criminal procedure, 1898 confer jurisdiction on the judge to act in aid of justice. ..... it is shown to have been posted, but the usual course of the post was interrupted by disturbances; as to illustration (g)a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation ..... post- .....
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