Constitution of India, 1950; Article 226 – Service Law – Transfer Orders – The scope of judicial review is only available when there is a clear violation of statutory provision or the transfer is persuaded by malafide, non-observation of executive instructions does not confer a legally enforceable right to an employee holding a transferable post- …
Summary: Petitioner, a lawyer, seeks a declaration that the right to vote is a fundamental right which flows from Articles 14, 19 and 21 of the Constitution and also seeks a reference of the decision in Kuldip Nayar & Ors vs Union of India & Ors (2006) 7 SCC 1 : [2006] Supp. (5) S.C.R. …
Devadipta Das vs Union Of India WP(C) Diary 3169 Of 2024 – Right To Vote Read More »
Haryana Superior Judicial Service Rules 2007 – High Court Resolution that prescribing that candidates for appointment to the Higher Judicial Service should have a minimum of 50% both in the written test as well as in the viva voce independently- The wisdom of the prescription is clear. A candidate should not just demonstrate the ability …
Public Employment– It is not open for an employer to change the qualifications prescribed in the advertisement midstream, during the course of the ongoing selection process. Any such action would be hit by the vice of arbitrariness as it would tantamount to denial of an opportunity to those candidates who are eligible in terms of …
Electoral Bonds Case -Miscellaneous Application filed by the SBI seeking an extension of time for the disclosure of details of the purchase and redemption of Electoral Bonds until 30 June 2024 is dismissed- the details of the Electoral Bonds which have been purchased and which have been directed to be disclosed in Association For Democratic …
Summary: Industrial Tribunal allowed the industrial dispute and directed the regularization of the remaining 13 workmen – Upholding this order, SC held: a case of wrongful denial of employment and regularization, for no fault of the workmen and therefore, there will be no order restricting their wages- taking into account, the longdrawn litigation affecting the …
Code Of Criminal Procedure, 1973; Section 173 – Supreme Court expressed concern after it noticed that the investigating officers while submitting the chargesheet/Police Report do not comply with the requirements of Section 173 CrPC- Though it is true that the form of the report to be submitted under Section 173(2) has to be prescribed by …
Dablu Kujur vs State Of Jharkhand 2024 INSC 197 – S 173 CrPC – Final Report Contents Read More »
Code of Criminal Procedure, 19973; Section 482- Though inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature -Where a dispute which is essentially of a civil …
Summary: While setting aside Allahabad HC order, SC observed: the impugned order passed by the High Court smacks of arbitrariness and perversity. The writ petition filed claiming title on the disputed plot of land was taken up in hot haste and was allowed without issuing formal notice to all the respondents. Even the State authorities …
Suneeta Devi vs Avinash 2024 INSC 194 – Writ Petition Read More »
Criminal Trial – Sexual Offences – Weight to be attached to the testimony of the victim in matters involving sexual offences where the prosecution’s case hinges on the victim’s evidence—in cases where witnesses are neither wholly reliable nor wholly unreliable, the Court should strive to find out the true genesis of the incident. The Court …
Nirmal Premkumar vs State 2024 INSC 193 – POCSO Accused Acquitted Read More »