Summary : Validity of no -confidence motion against a Village Sarpanch upheld – the proceedings of the Tahsildar dated 19.06.2023 rejecting the No Confidence Motion on the ground that the voting requirement of three-fourth of the members “entitled to sit and vote”, was not fulfilled, cannot be sustained.
Subordinate Legislation – Legal principles that may be relevant in adjudicating cases where subordinate legislation are challenged on the ground of being ‘ultra vires’ the parent Act: (a) The doctrine of ultra vires envisages that a Rule making body must function within the purview of the Rule making authority, conferred on it by the parent …
Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(5) -The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase – ‘bail is the rule, jail is the exception’ – unless circumstances justify otherwise – does not find any place while dealing with …
Indian Penal Code, 1860; Section 141, 148,149 – Condition precedent for attracting Section 148 of the IPC is that there has to be an unlawful assembly. Under Section 141 of the IPC, the unlawful assembly must be of five or more persons -In this case, High Court has acquitted two out of five accused of …
Kishore vs State Of Punjab 2024 INSC 91 – Unlawful Assembly – Test Identification Parade Read More »
National Green Tribunal – National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex post facto review hearing and routinely dismissing it has regrettably become a prevailing norm. In its zealous quest for justice, the Tribunal must tread carefully to avoid the oversight of propriety. The practice of ex parte orders and the imposition …
Veena Gupta vs Central Pollution Control Board 2024 INSC 89 – NGT – Ex Parte Orders Read More »
Indian Evidence Act, 1872; Section 3- . While inquiring into whether a fact is proved, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability – There is a clear distinction between burden of proof and standard of proof. This distinction …
Indian Penal Code, 1860; 304 Part II –The section provides for two kinds of punishment to two different situations: (1) if the act by which death is caused is done with the intention of causing death or causing such bodily injury as is likely to cause death. Here the important ingredient is the “intention”; (2) …
Punjab Pre-emption Act, 1913; Section 8(2)- The land and the immovable property have different meanings -The land and the immovable property are two different terms. The immovable property is more than the land on which certain construction has been made. (Para 15-16)
Code Of Criminal Procedure, 1973; Section 482 – In recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact …
Vishal Noble Singh vs State Of Uttar Pradesh 2024 INSC 85 – S 482 CrPC, Ss 420, 467 IPC Read More »
Code of Criminal Procedure, 1973; Section 582 – Negotiable Instruments Act, 1881 ; Section 138 – Classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties -The question regarding the time barred nature of an underlying debt or …