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 …
Judicial Review- Tender – In cases where a party invoking writ jurisdiction has been a participant in the tender process, courts should be slow and cautious in exercising the power of judicial review – constitutional courts should exercise caution while interfering in contractual and tender matters, disguised as public interest litigations – High Court should …
Indian Penal Code, 1860; Section 376 – Rape by giving promise to marry – Quashing the case against appellant, SC noted: It is not a case where the complainant was of an immature age who could not foresee her welfare and take right decision. She was a grown up lady about ten years elder to …
Motor Accident Compensation Claim – Assessment of compensation cannot be done with mathematical precision. The Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation [Value of the labour being put in by the deceased in agriculture, it would be reasonable to assess his income at ₹35,000/- per month. Considering his age …
Bail – The considerations that would normally weigh with the Court while dealing with a bail petition are the nature and seriousness of the offence; the character of the evidence; circumstances which are peculiar to the accused; a reasonable possibility of the presence of the accused not being secured at the trial; reasonable apprehension of …
State of Jharkhand vs Sandeep Kumar 2024 INSC 179 – Bail – Police Officer As Accused Read More »