Appellate Authority’s order setting aside the order of appointment challenged before HC – HC dismissed writ petitions and upheld it -In appeal, the court noted: Clause 4.9 of the 2011 Guidelines imposed a restriction on such persons whose family member or members have secured appointment with the State Government or any organization of the State …
Anjum Ara vs State Of Bihar 2024 INSC 40 – Service Law Read More »
Summary : Petition seeking Quashing of FIR under Sections 376 and 506 IPC Against appellant dismissed by High Court – In appeal, the Supreme Court noted the complainant’s statement that she was forced to marry the appellant. As such, the relationship between the appellant and the complainant was after the said marriage – even if …
Mohd Julfukar vs State of Uttarakhand 2024 INSC 38 – Rape Case Quashed Read More »
Summary: In 2016, a woman complained that the accused raped her 34 years ago – In Final report Investigation Officer opined that the case was of a civil nature and filed only for the greed for the property of the appellant- Magistrate rejected this Final Report and took cognizance under Section 376/506 of IPC- HC …
Motor Vehicles Act, 1988 ; Section 161 – Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 – An accident involving a motor vehicle can be considered as a hit and run accident, provided the identity of the vehicle that caused the accident cannot be ascertained despite reasonable efforts. Obviously, reasonable efforts must …
Code Of Civil Procedure, 1908 ; Order VIII Rule 10 – Scope and extent of power – Rule 10 is permissive in nature, enabling the trial court to exercise, in a given case, either of the two 13 alternatives open to it. Notwithstanding the alternative of proceeding to pronounce a judgment, the court still has …
Summary -Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort – Directions issued to undertake the study of environmental pollution and impact on all the structures in the Chittorgarh Fort – The prevention of damage from any such collateral activities must be simultaneously addressed by the …
Criminal Trial – S 302 IPC – For trial under Section 302 IPC, if a witness is branded as untrustworthy having allegedly twisted the facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness. When there is an effort to falsely implicate one accused …
Constitution of India, 1950; Article 226 – Litigant who is not diligent cannot invoke the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India – There is no justifiable or satisfactory explanation for the said period of inordinate delay of 11 years. The writ petition ought to have been dismissed …
Litigation – Unscrupulous litigants should not be allowed to go scot-free. They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting. Even State actions or conduct of government servants being party to such malicious litigation should …
Environment Pollution (Prevention and Control) Authority (‘EPCA’) Recommendations on the issue of shift to CNG/Hybrid/Electric – Directions issued – After examining recommendation 3.1, the Union of India shall formulate a policy of phasing out heavyduty diesel vehicles and replacing them with BSVI vehicles – The process of exploring the possibility of finding better sources, including …