Summary: Appeal filed by accused convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 for committing murder of his wife – Allowing appeal, SC held: Only on the ground of strained relationship, one cannot jump to a conclusion that the appellant is the author of the burn injuries sustained by …
Suraj Bhan vs State Of Haryana – Murder Accused Acquitted Read More »
Code Of Civil Procedrue, 1908; Section 100 – The disposal of the second appeal(s) without framing a substantial question of law, is contrary to the well settled ratio expressed in several judgments referred to in Gurdev Kaur & Ors. v. Kaki & Ors [The impugned judgment deciding the Regular Second Appeal is unsustainable in law, …
Summary: Writ Petition seeking expeditious disposal of bail application before High Court -High Courts are not subordinate Courts of the Supreme Court of India. In that view of the matter, there cannot be any doubt with respect to the fact that the prayer made in the writ petition cannot be entertained in this writ petition.
Motor Vehicles Act, 1988, ; Section 163A – Whether the amendment in Section 163-A of the Motor Vehicles Act which came into effect by a Gazette Notification on 22nd May, 2018, would relate to an accident which had occurred prior to the said date ? Calcutta High Court held that it is merely a procedural …
Bail – Special Leave Petition challenging the direction in Bail order for recovery of the allegedly swindled sum (public money) dismissed – Distinguished Ramesh Kumar vs. State of NCT of Delhi reported in (2023) 7 SCC 461 – the petitioner himself obtained the order for deposit of the allegedly swindled sum of Rupees Thirty Lakhs …
K Zakir Hussain vs State SLP(Crl) 2612 Of 2024 – Bail Read More »
Clinical Establishments (Registration and Regulation) Act, 2010– It is the duty of the State to provide medical assistance to the citizens. The Act of 2010 has been enacted with an avowed object of providing medical facilities to the citizens at an affordable prices. The Union of India cannot shirk away from its responsibility by merely …
Commercial Courts Act, 2015; Section 2(1)(c) – A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under sub-clause (vii) of Section 2(1)(c) of the Act viz. “the agreements relating to immovable property used exclusively in trade or commerce – Referred to …
SP Velayutham vs Emaar MGF Land Limited – Commercial Courts Act – Commerical Dispute Read More »
Constitution Of India, 1950; Article 14,15- Rajasthan Various Service (Amendment) Rules, 2001-“no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002″-Classification, which disqualifies candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, since the objective behind the provision was to …
Clarification of Anuradha Bhasin v. Union of India (2020) 3 SCC 637:: [2020] 1 S.C.R. 812 – it may not be necessary to notify the deliberations of the Reviewing Committee, it will be necessary to publish the final order.
Compassionate Appointment – Compassionate appointment is not to be considered as a regular mode of appointment and it is intended to address the penurious situation in the immediate aftermath of the death of the bread earner of the family. [Upheld HC judgment that held that a claim for compassionate appointment should not be permitted to …
Aditya Yuvraj Gond vs State Of Bihar SLP(C) 20773 Of 2019 – Compassionate Appointment Read More »