Summary: SC directed reinstatement of Registrar allowing his appeal and observed: Termination of the services of the appellant without holding disciplinary enquiry was totally unjustified and dehors the requirements of law and in gross violation of principles of natural justice.
Summary: Murder Case – Dismissing appeal against concurrent conviction, SC observed: contradictions are far too trivial so as to discard the entire prosecution case which is based on reliable and trustworthy set of eye witnesses whose evidence is corroborated by the evidence of the Medical Jurist and other attending circumstances.
Criminal Trial – Extra judicial confession by its very nature is a weak piece of evidence. It may be used as a corroborative piece of evidence in tandem with substantive evidence [SC Acquits Murder Accused who faced concurrent conviction]
Constitution of India, 1950; Article 136- Quoted from Narpat Singh v. Jaipur Development Authority (2002) 4 SCC 666 : 2002 INSC 222: “The exercise of jurisdiction conferred by Article 136 of the Constitution on this Court is discretionary. It does not confer a right to appeal on a party to litigation; it only confers a …
Indian Penal Code, 1860; Section 299,300, 304- Allowing appeal, SC observed: Evidence available would show that there was only a quarrel. All the parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW-24. This fact is not in dispute. It is only while consuming liquor, a quarrel happened suddenly …
Yogesh @ Sonu Tharu vs State 2024 INSC 305 – Murder Case Read More »
Summary: Mining Activities- Orders passed in various applications
Summary: Allowing an appeal, SC observed: Considering that appellants were appointed after undergoing a regular selection process and they possess relevant qualifications as per the norms of UGC, they should have been continued on the posts merged with the regular establishment of the University instead of adopting the fresh selection procedure. In the facts of …
Prevention Of Money Laundering Act, 2002; Section 2,3– In the absence of the scheduled offence, there cannot be any proceeds of crime within the meaning of clause (u) of subSection (1) of Section 2 of the PMLA. If there are no proceeds of crime, the offence under Section 3 of the PMLA is not made …
Yash Tuteja vs Union Of India 2024 INSC 301 – PMLA – Ss 200-204 CrPC Read More »
Power Of Attorney – Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene …
Insurance Law -In the context of insurance contracts, the burden is on the insurer to prove the allegation of non-disclosure of a material fact and that the non-disclosure was fraudulent. Thus, the burden of proving the fact, which excludes the liability of the insurer to pay compensation, lies on the insurer alone and no one …