Companies Act, 1956 – Bombay Stamp Act, 1958- In case of conflict between two laws, the general law must give way to the special law. A conjoined reading of the Stamp Act and the Companies Act would show that while the former governs the payment of stamp duty for all manner of instruments, the latter …
Criminal Trial – When ocular testimony inspires the confidence of the court, the prosecution is not required to establish motive. Mere absence of motive would not impinge on the testimony of a reliable eye-witness. Motive is an important factor for consideration in a case of circumstantial evidence. But when there is direct eye witness, motive …
Constitution of India, 1950; Article 32, 226 – The writ of certiorari being a writ of high prerogative, should not be invoked on mere asking. The purpose of a writ of certiorari for a superior Court is not to review or reweigh the evidence to adjudicate unless warranted. The jurisdiction is supervisory and the Court …
Summary: Appeal against HC judgment which set aside appointments of the appellants as Shiksha Karmis-Grade III in the Janpad Panchyat, Gaurihar – In appeal, SC delivered split verdict- Justice JK Maheshwari that a person who alleges the breach of the principle of natural justice is required to dispute the case against him in order to …
Industrial Disputes Act, 1947 ; Section 2(s) – Whether a person would or would not come within the definitional stipulation of a “workman” – Mere absence of power to appoint, dismiss or hold disciplinary inquiries against other employees, would not and could not be the sole criterion to determine such an issue. Holding otherwise would …
Service Law- Change of date of birth in service records – (i) application for change of date of birth can only be as per the relevant provisions/regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay …
Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24) Code Of Criminal Procedure, 1973; Section 204, 482- A petition …
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC order that quashed an FIR alleging withdrawal of salary by accused for the period was on unauthorized foreign trips and also withdrawal of salary by producing false medical certificate – Allowing appeal, SC observed: The allegations against the accused are of defrauding the State. …
State Of Haryana vs Dr. Ritu Singh 2024 INSC 263 – S 482 CrPC – Quashing – Compromise Read More »
Limitation Act, 1963; Section 5 – The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not -the question of limitation is not merely a technical consideration – Once it is held that a party has lost his right to …
Negotiable Instruments Act, 1881; Section 138 – Allowing appeal against concurrent conviction in a cheque case , SC held: In the present case, considering that the Court in criminal jurisdiction has imposed both sentence and damages, the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject matter …