Summary: Accused concurrently convicted under Section(s) 120B, 420, 467 and 468 – Partly allowing appeal, SC observed: Keeping in mind the mitigating circumstances of the appellant convict e, we the sentence of the appellant reduced to the period already undergone.
Maharashtra Hereditary Offices Act, 1874 – Maharashtra Tenancy and Agricultural Lands Act, 1948- Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 – it was not open to the appellants to proceed against the tenants under the provisions of Sections 5, 11 and 11A of the 1874 Act after the death of Balaji Chimnaji More, the …
Code of Criminal Procedure, 1973; Section 438, 83- In the absence of any interim order, pendency of an application for anticipatory bail shall not bar the Trial Court in issuing/proceeding with steps for proclamation and in taking steps under Section 83, Cr.PC, in accordance with law. (Para 23) Code of Criminal Procedure, 1973; Section 438 …
Prevention of Money Laundering Act, 2002 –An offence punishable under Section 120-B IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule and that it is not the legislative intent behind PMLA to make every offence not included in the Schedule a …
Anjaneya Hanumanthaiah vs Union of India WP(Crl) 281 Of 2019 PMLA – S 120B IPC Read More »
Criminal Trial – Circumstantial Evidence – The principles required to bring home the charges in a case based purely on circumstantial evidence have been crystalized in the case of Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 – “(1) the circumstances from which the conclusion of guilt is to be drawn must …
Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993; Section 3- After enactment of the proviso to Section 3, the contractual rights of the parties to agree to the date of payment, have been restricted in terms of the said proviso. In other words, if the contractual date of payment exceeds …
Constitution of India, 1950; Article 226 – Service Law – Transfer Orders – The scope of judicial review is only available when there is a clear violation of statutory provision or the transfer is persuaded by malafide, non-observation of executive instructions does not confer a legally enforceable right to an employee holding a transferable post- …
Haryana Superior Judicial Service Rules 2007 – High Court Resolution that prescribing that candidates for appointment to the Higher Judicial Service should have a minimum of 50% both in the written test as well as in the viva voce independently- The wisdom of the prescription is clear. A candidate should not just demonstrate the ability …
Public Employment– It is not open for an employer to change the qualifications prescribed in the advertisement midstream, during the course of the ongoing selection process. Any such action would be hit by the vice of arbitrariness as it would tantamount to denial of an opportunity to those candidates who are eligible in terms of …
Electoral Bonds Case -Miscellaneous Application filed by the SBI seeking an extension of time for the disclosure of details of the purchase and redemption of Electoral Bonds until 30 June 2024 is dismissed- the details of the Electoral Bonds which have been purchased and which have been directed to be disclosed in Association For Democratic …