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 »
Identification Of Private Forests – existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration. The Ministry of Environment, Forest & Climate Change guidelines, as well as the Scheduled Tribes & other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are clear and …
Code of Criminal Procedure, 1973; Section 173 – Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The …
Criminal Trial – Circumstantial Evidence – Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116=1984 INSC 121 – the circumstances from which the conclusion of the guilt is to be drawn should be fully established – The accused ‘must be’ and not merely ‘may be’ proved guilty before a court can convict the …
Constitution of India, 1950; Article 142- Exercise of jurisdiction under Article 142 (1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ‘cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is …
Insolvency and Bankruptcy Code, 2016; Section 14 – The protection of the moratorium will not be available to the directors/officers of the company – Referred to Anjali Rathi vs. Today Homes and Infrastructure Pvt. Ltd. (2021) SCC OnLine SC 729 and P. Mohanraj vs. Shah Bros. Ispat (P) Ltd. (2021) 6 SCC 258.