Summary: In 2016, a woman complained that the accused raped her 34 years ago – In Final report Investigation Officer opined that the case was of a civil nature and filed only for the greed for the property of the appellant- Magistrate rejected this Final Report and took cognizance under Section 376/506 of IPC- HC …
Motor Vehicles Act, 1988 ; Section 161 – Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 – An accident involving a motor vehicle can be considered as a hit and run accident, provided the identity of the vehicle that caused the accident cannot be ascertained despite reasonable efforts. Obviously, reasonable efforts must …
Code Of Civil Procedure, 1908 ; Order VIII Rule 10 – Scope and extent of power – Rule 10 is permissive in nature, enabling the trial court to exercise, in a given case, either of the two 13 alternatives open to it. Notwithstanding the alternative of proceeding to pronounce a judgment, the court still has …
Summary -Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort – Directions issued to undertake the study of environmental pollution and impact on all the structures in the Chittorgarh Fort – The prevention of damage from any such collateral activities must be simultaneously addressed by the …
Criminal Trial – S 302 IPC – For trial under Section 302 IPC, if a witness is branded as untrustworthy having allegedly twisted the facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness. When there is an effort to falsely implicate one accused …
Constitution of India, 1950; Article 226 – Litigant who is not diligent cannot invoke the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India – There is no justifiable or satisfactory explanation for the said period of inordinate delay of 11 years. The writ petition ought to have been dismissed …
Litigation – Unscrupulous litigants should not be allowed to go scot-free. They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting. Even State actions or conduct of government servants being party to such malicious litigation should …
Environment Pollution (Prevention and Control) Authority (‘EPCA’) Recommendations on the issue of shift to CNG/Hybrid/Electric – Directions issued – After examining recommendation 3.1, the Union of India shall formulate a policy of phasing out heavyduty diesel vehicles and replacing them with BSVI vehicles – The process of exploring the possibility of finding better sources, including …
Constitution of India, 1950; Article 32, 226 -Independence and separation of powers – Giving a direction or advisory sermons to the Executive in respect of the sphere which is exclusively within the domain of the Executive or the Legislature would neither be legal nor proper. The Court cannot be permitted to usurp the functions assigned …
The benefit of a personal/promotional pay scale was granted to the appellants by the State of Uttarakhand. The said benefit was withdrawn under a subsequent decision of the State of Uttarakhand. – Order to recover benefits from the appellants who have superannuated was challenged before High Court which dismissed it – Supreme Court dismissed appeal …
Dr. Balbir Singh Bhandari vs State of Uttarakhand 2024 INSC 29 – Service Law Read More »