LawforAll

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Showing posts with label therefore. Show all posts
Showing posts with label therefore. Show all posts
Wednesday, October 25, 2017

APEX COURT - whether the finding of acquittal recorded by the Trial Court was legal or/and proper and was, therefore, entitled to record its own finding of either affirmance or reversal. - first, there was no motive on the part of the accused persons (appellants) to kill Hariya. Second, the intention was to teach a lesson to Hariya because he had insulted Gaya Prasad in Panchayat on an incident which had occurred in marriage in their community in recent 12 past. Third, Dr. Bharadwaj (PW-14) who performed post mortem did not say in his evidence that injuries caused to Hariya were sufficient in the ordinary course of nature to have caused death, and lastly, Hariya survived for 14 days from the date of incident.= factors were rightly taken into consideration for holding the appellants guilty for committing offence falling under Section 304 Part II of IPC. Moreover, we cannot again de novo re-appreciate the evidence. It is not permissible unless the findings of the High Court are wholly perverse or against the evidence.

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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1008 OF 2008 Pooranlal & Anr. Appellant(s) ...
Wednesday, October 19, 2016

construction workers are not covered by the Factories Act and, therefore, welfare measures specifically provided for such workers under the BOCW Act and Welfare Cess Act cannot be denied.

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA     ...