Code of Criminal Procedure, 1973; Section 204 – While it is true that at the stage of issuing summons a magistrate only needs to be satisfied with a prima facie case for taking cognizance, the duty of the magistrate is also to be satisfied whether there is sufficient ground for proceeding- At the stage of …
Disciplinary Proceedings – In the facts of the given case, the disciplinary proceeding could continue simultaneously with the criminal inquiry. There is no legal bar on running such parallel proceedings though in certain situations, this Court has not permitted continuance of dual proceedings. Summary: High Court assumed the role of a disciplinary authority and imposed …
D Ganesan vs Union Of India 2024 INSC 61 – Disciplinary Proceedings Read More »
Medical Negligence – NCDRC upheld the compensation awarded by the DCDRC to the complainant (Rupees Two Lakhs) – However, the interest @ 12% was held to be excessive and accordingly, the same was reduced to 6% – Allowing appeal, SC directed that the appellant P.C. Jain shall be entitled to receive compensation of Rs. 2 …
PC Jain vs Dr. RP Singh 2024 INSC 67 – Consumer Complaint – Medical Negligence Read More »
Summary : Defamation Case filed by Advocate Against newspaper owner for report titled: “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj” – Supreme Court upheld Magistrate’s order rejecting the complaint observing that the news article was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression …
Sanjay Upadhya vs Anand Dubey 2024 INSC 66 – Defamation Complaint Quashed Read More »
Summary: HC reversed the promotion of some persons on the post of Under Secretary on the ground that their promotion was in violation of the Council of Scientific and Industrial Research Administrative Services (Recruitment & Promotion) Rules, 1982 – Appeal dismissed.
Summary: High Court of Uttarakhand dismissed an application for restoration of the writ petition holding that it was submitted with a delay of seven years -Allowing appeal, the SC observed: As a matter of fact, the application for restoration was filed within a period of one month-the appellant still claims to be in possession of …
JN Puri vs State of Uttar Pradesh 2024 INSC 64 – Restoration Application Read More »
Indian Evidence Act, 1872; Section 73 – Bankers’ Books Evidence Act, 1891 – Certified copy of a document issued by a Bank is itself admissible under the Bankers’ Books Evidence Act, 1891 without any formal proof thereof. Hence, in an appropriate case, the certified copy of the specimen signature maintained by the Bank can be …
Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 ; Section 3(1)(xi) – Offence of outraging the modesty should be committed with the intention that the victim belonged to the Scheduled Caste categoryt the offence of outraging the modesty should be committed with the intention that the victim belonged to the Scheduled Caste category – …
Summary – Appeal against concurrent murder conviction – Prosecution relied upon the recovery of the alleged weapon of offence at the instance of the appellant and the fact that the appellant disclosed the place where he had thrown the dead bodies – the recovery was allegedly made one month and four days after the occurrence …
Krishan vs State of Haryana 2024 INSC 60 – Murder Accused Acquitted- Recovery Of Weapons Read More »