National Green Tribunal Act, 2010 – One of the main objects of the 2010 Act is to uphold and protect the right of the citizens to healthy environment which is a part of the right to life guaranteed under Article 21 of the Constitution of India. The objects and reasons of the 2010 Act indicate …
Indian Evidence Act,1872; Section 106- When the prosecution has not discharged the burden on it to prove that the accused was last seen together with the deceased wife- Section 106 of the Evidence Act cannot be invoked to shift the burden on the accused. (Para 7)
Constitution of India,1950; Article 32,226– Performance audit of statute:-Constitutional courts are fully justified in giving such directions as they are in a unique position of perceiving the working of a statute while exercising judicial review, during which they could identify the fault-lines in the implementation of a statute. This extraordinary capacity to assess the working …
Summary: Marriage between parties dissolved.
Summary: Appeal against HC order directing the bank to consider appellants- claim for appointment on compassionate ground- Dismissing appeal, SC held: In the facts of the case in hand, the deceased employee was not placed under suspension on account of contemplation of the disciplinary proceedings and the charge sheet was also not issued. It is …
Bank Of India vs Pankaj Srivastava 2024 INSC 538 – Compassionate Appointment Read More »
Code Of Criminal Procedure, 1973; Section 161- Indian Evidence Act,1872; Section 32- A statement made by a person who is dead, as to the cause of his death or to the circumstances of the transaction which resulted in his death, to a Police Officer and which has been recorded under Section 161 CrPC, shall be …
Summary: security amount deposited by the Respondents rightly deserves to be forfeited by the Appellants.
Code Of Criminal Procedure, 1973; Section 227- At the stage of consideration of an application for discharge, defence case or material, if produced at all by the accused, cannot be looked at all. Once “the record of the case and the documents submitted therewith” are before the Court they alone can be looked into for …
Drugs (Price Control) Order, 1995 – A ‘dealer’, as defined in the DPCO, would be a wholesaler or retailer who undertakes the purchase or sale of the drug while a ‘distributor’, as defined thereunder, would include a distributor of the drugs or a stockist appointed by a manufacturer. Though the definition of ‘wholesaler’ under Paragraph …
Constitution Of India, 1950; Article 226- While undertaking the exercise of judicial review of matters relating to tenders, the court has to strike a fair balance between the interests of the Government, which is always expected to advance the financial interests of the State, and private entities -Not every small mistake must be perceived through …