Supreme Court Rules, 2013 ; Order XLVIII- Curative Petition- Whether Registry has the power to dismiss a curative petition solely on the ground that no averment has been made to the effect that the review petition was dismissed by circulation? This is a matter which ought to be decided by a Bench of this Court …
Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964– sample of the meat was admittedly collected by the Assistant Director, who had no authority in law to collect the sample. He did not collect the sample after notice t – the act of collection of sample by the Assistant Director was completely illegal. It …
Joshine Antony vs Asifa Sultana 2024 INSC 144 – Karnataka Cow Slaughter Prevention Act Read More »
Code Of Criminal Procedure, 1973; Section 204-For issuing the order of summoning, the Magistrate could not have relied upon the same material which was before him when he passed the order calling for the report under Section 202 of the Cr.PC -The reason is that, obviously, he was not satisfied that the material was sufficient …
Tenancy dispute settled – Directions issued.
Landlords are managing the affairs of a temple, i.e., Arulmighu Dhandayuthpani Swamy Temple, Palani – Tenants conduct business in the land – HC directed the tenants to hand over the vacant and peaceful possession of the premises, individually occupied by each one of the tenants, to the landlord – In appeal, they reached to settlement …
Bail – Cancellation of Bail – Considerations for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail, (a) the accused has misused the liberty granted to him; (b) flouted the conditions of bail order; (c …
Himanshu Sharma vs State Of Madhya Pradesh 2024 INSC 139 – Cancellation of Bail Read More »
Public Employment – Non Disclosure Of Criminal Case –Broad-brushing every non-disclosure as a disqualification, will be unjust and the same will tantamount to being completely oblivious to the ground realities obtaining in this great, vast and diverse country. Each case will depend on the facts and circumstances that prevail thereon, and the court will have …
Food Safety and Standards Act, 2006; Section 89,59 – Indian Penal Code, 1860; Section 272,273 – Section 89 of the FSSA, Section 59 will override the provisions of Sections 272 and 273 of the IPC. (Para 21) Interpretation Of Statutes- If the main Section is unambiguous, the aid of the title of the Section or …
Service Law – Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service. Appointments to these posts are in the nature of ‘status’, which means that the service and its conditions can be unilaterally changed by the amendment of the Rules. The first duty …
Vidya K vs State Of Karnataka 2024 INSC 137 :: [2024] 2 S.C.R. 713- Service Law Read More »
Judicial Review – The scope of judicial review in examining the policy matters is very limited. The Courts do not and cannot examine the correctness, suitability or appropriateness of a policy, nor are the courts advisors to the executive on the matters of policy which the executive is entitled to formulate. The Courts cannot direct …