Judiciary – Supreme Court and High Courts– Writ Petition seeking direction to HC to expeditiously dispose criminal appeal -There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the …
Indian Penal Code, 1860; Section 498A – Code Of Criminal Procedure, 1973; Section 482- Vague,general and omnibus allegations against the family members/relatives implicating them in matrimonial disputes are an abuse of process of law- Referred to Geeta Mehrotra & Anr. vs. State of U.P. (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam & Ors. …
Negotiable Instruments Act, 1881; Section 143 – Code Of Criminal Procedure, 1973; Section 258 -where the cheque amount, with interest and costs, as assessed by the Court is paid by the accused on a specific date, the Court is entitled to close the proceedings in exercise of the powers under Section 143 of the Act …
Manoj vs Rajkumar Ganpati Manudhane CrA 855/2024 – S 143 NI Act – Cheque Case Closure Read More »
Indian Penal Code, 1860; Section 415,417- There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end. It may in a given case involve cheating; it is possible theoretically yet in order to prove an offence of cheating in such cases prosecution must have reliable and trustworthy …
Code Of Civil Procedure, 1973; Order 41 Rule 23 – The appellate Court is the final court of fact and law. An order of remand under Order 41 Rule 23, Code of Civil Procedure cannot be made for a mere asking. If the High Court is of the view that the evidence is not sufficient …
Aysha vs A M Hussainar CA 2647 Of 2024 – Order 41 Rule 23 CPC – Remand Order Read More »
Compassionate Appointment- Norms, prevailing on the date of consideration of the application, should be the basis for consideration of claim for compassionate appointment. A dependant of a government employee, in the absence of any vested right accruing on the death of the government employee, can only demand consideration of his/her application. He is, however, disentitled …
Disciplinary Proceedings – It is not for the Court to substitute its own view as to the quantum of punishment in place and lieu of the punishment awarded by the competent authority. It is only in very rare cases that the Court might – to shorten litigation – think of substituting its own view – …
Jiwachh Paswan vs Union Of India CA 2683 Of 2024 – Disciplinary Proceedings Read More »
Code Of Criminal Procedure, 1973; Section 468– Limitation provided for taking cognizance in Section 468, Cr.P.C. is in respect of offence charged and not in respect of offence fianally proved – Referred to State of Himachal Pradesh Vs. Tara Dutta [AIR 2000 SC 297] (Para 3) Code Of Criminal Procedure, 1973; Section 482- Non-appearance of …
Practice and Procedure – It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’. Even the record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR). Notes “Though Constitution uses …
Doctrine Of Non- Traverse -When the respondent has not controverted the statements/averments made in the petitions, the same are deemed to have been admitted by him by applying the doctrine of non-traverse.