Code of Criminal Procedure, 19973; Section 482- Though inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature -Where a dispute which is essentially of a civil …
Summary: While setting aside Allahabad HC order, SC observed: the impugned order passed by the High Court smacks of arbitrariness and perversity. The writ petition filed claiming title on the disputed plot of land was taken up in hot haste and was allowed without issuing formal notice to all the respondents. Even the State authorities …
Suneeta Devi vs Avinash 2024 INSC 194 – Writ Petition Read More »
Criminal Trial – Sexual Offences – Weight to be attached to the testimony of the victim in matters involving sexual offences where the prosecution’s case hinges on the victim’s evidence—in cases where witnesses are neither wholly reliable nor wholly unreliable, the Court should strive to find out the true genesis of the incident. The Court …
Nirmal Premkumar vs State 2024 INSC 193 – POCSO Accused Acquitted Read More »
Indian Penal Code, 1860; Section 302, 304 -Whether the Appellant’s act of engaging in celebratory firing during a marriage ceremony could be construed to be an act so imminently dangerous so as to, in all probability, cause death or such bodily injury as was likely to cause death? The act of celebratory firing during marriage …
All India Services (Performance Appraisal Report) Rules, 2007 – the implication and / or outcome (if any) of a contravention of the timeline(s) prescribed under the Schedulee- A contravention of the said timelines, neither render the underlying PAR invalid, nor would be met with any identified immediate consequence. (Para 19) Constitution of India, 1950; Article …
Code of Criminal Procedure, 1973; Section 482- Principles governing the exercise of jurisdiction under Section 482 CrPC by High Courts vis-à-vis quashing of an FIR, criminal proceeding or complaint reiterated – Referred to Gian Singh v. State of Punjab, (2012) 10 SCC 303 [Appellant neither entered into any settlement with the Accused Persons nor was …
Anil Mishra vs State Of UP 2024 INSC 189 :: [2024] 3 S.C.R. 385 – S 482 CrPC Read More »
Constitution of India, 1950; Article 20 – A person cannot be punished for an offence which was not an offence at the time it was committed, nor can he be subjected to a sentence which is greater than the sentence which was applicable at the relevant point of time. All the same, the above provision …
Medical Negligence –In cases of deficiency of medical services, duty of care does not end with surgery -While the report of the Medical Council can be relevant for determining deficiency of service before a consumer forum, it cannot be determinative, especially when it contradicts the evidentiary findings made by a consumer forum. In these circumstances, …
Najrul Seikh vs Dr Sumit Banerjee 2024 INSC 184 – Consumer Cases – Medical Negligence Read More »
Summary: Appeal against dismissal of a Contempt Petition – the appellant sent legal notices to all the respondents herein and brought to their attention the consent decree passed in the year 1972 and, therefore, requested them to withdraw the suit – Since the respondents did not withdraw the suit, the appellant filed a Contempt Petition …
Constitution Of India, 1950 ; Article 19(1)(a) – The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a). Every individual must respect the right of others to dissent. An opportunity to peacefully protest against the decisions of the Government is an essential part of …