Indian Penal Code, 1860; Section 302, 304 -Whether the Appellant’s act of engaging in celebratory firing during a marriage ceremony could be construed to be an act so imminently dangerous so as to, in all probability, cause death or such bodily injury as was likely to cause death? The act of celebratory firing during marriage …
All India Services (Performance Appraisal Report) Rules, 2007 – the implication and / or outcome (if any) of a contravention of the timeline(s) prescribed under the Schedulee- A contravention of the said timelines, neither render the underlying PAR invalid, nor would be met with any identified immediate consequence. (Para 19) Constitution of India, 1950; Article …
Code of Criminal Procedure, 1973; Section 482- Principles governing the exercise of jurisdiction under Section 482 CrPC by High Courts vis-Ã -vis quashing of an FIR, criminal proceeding or complaint reiterated – Referred to Gian Singh v. State of Punjab, (2012) 10 SCC 303 [Appellant neither entered into any settlement with the Accused Persons nor was …
Anil Mishra vs State Of UP 2024 INSC 189 :: [2024] 3 S.C.R. 385 – S 482 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – When anticipatory bail is granted to an accused, the effect of the said order is that in the event of the arrest of the accused, he has to be forthwith released on bail. After coming to the conclusion that the accused is entitled to …
Indian Penal Code, 1860; Section 375 – Supreme Court refused to quash a rape case by observing thus: It cannot be held that the FIR does not disclose any offence. The allegations cannot be held to be inherently improbable, which is one of the grounds for quashing an FIR – we do not think the …
Rajkumar vs State Of Karnataka SLP(Crl) 6279 Of 2024 – Refused To Quash Rape Case Read More »
Criminal Investigation- Participation in the investigation does not entail making selfincriminating statements -[In this case, the State contended that accused is not co-operating with the investigation as he was not helping out for recovery of the sum allegedly paid to him as a bribe]
Constitution of India, 1950; Article 20 – A person cannot be punished for an offence which was not an offence at the time it was committed, nor can he be subjected to a sentence which is greater than the sentence which was applicable at the relevant point of time. All the same, the above provision …
Medical Negligence –In cases of deficiency of medical services, duty of care does not end with surgery -While the report of the Medical Council can be relevant for determining deficiency of service before a consumer forum, it cannot be determinative, especially when it contradicts the evidentiary findings made by a consumer forum. In these circumstances, …
Najrul Seikh vs Dr Sumit Banerjee 2024 INSC 184 – Consumer Cases – Medical Negligence Read More »
Summary: Appeal against dismissal of a Contempt Petition – the appellant sent legal notices to all the respondents herein and brought to their attention the consent decree passed in the year 1972 and, therefore, requested them to withdraw the suit – Since the respondents did not withdraw the suit, the appellant filed a Contempt Petition …
Constitution Of India, 1950 ; Article 19(1)(a) – The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a). Every individual must respect the right of others to dissent. An opportunity to peacefully protest against the decisions of the Government is an essential part of …