Cr P C Double jeopardy – Article 20(2) – Section 300 Cr PC – – Accused having gone through the trial in relation to offences under Sections 504 and 506 IPC and having been acquitted, cannot be subjected to another trial for the same charges on the same facts June 25, 2022 sclaw
Acquittal Murder – Acquittal – Only circumstance of last seen will not complete the chain of circumstances to record the finding that it is consistent only with the hypothesis of the guilt of the accused, and therefore no conviction on that basis alone can be founded – Appellant acquitted June 19, 2022 sclaw
I B C CIRP – Recovery Certificate Holder – Limitation period – the holder of such certificate would be entitled to initiate Corporate Insolvency Resolution Process (CIRP), if initiated within a period of three years from the date of issuance of the Recovery Certificate. June 19, 2022 sclaw
Service HELD perusal of the record would clearly reveal that an opportunity was given by the Appellate Authority to the Enquiry Committee to examine the important witnesses. Even on remand, the said three witnesses were not examined. Appeal dismissed June 19, 2022 sclaw
Environment National Green Tribunal – Territorial jurisdiction of High Court – In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court June 19, 2022 sclaw
Acquittal Evidence of witness would fall in the category of “wholly unreliable” witness – As such, no conviction could be based solely on his testimony – Medical evidence could only establish that the death was homicidal – Only because motive is established, the conviction cannot be sustained – Appellants acquitted. June 19, 2022 sclaw
Civil Cases Shree Jagannatha Temple – Development works – Construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. – These are the basic facilities which are necessary for the convenience of the devotees at large June 19, 2022 sclaw
I B C IBC, 2016 – HELD in the interest of all the stakeholders to permit settlement and withdraw CIRP, the adjudicating authority or the appellate authority cannot sit in an appeal over the commercial wisdom of CoC June 19, 2022 sclaw
Environment HELD – Mining within the national parks and wildlife sanctuaries shall not be permitted.Ecologically Sensitive Zones (ESZ) of 500 metres would be a reasonable buffer zone, within which subsisting activities which does not come within the prohibited list June 19, 2022 sclaw
Child Custody Custody of child – Parents lost due to Covid – Paternal grandparents and maternal aunt & her family (on maternal side) to act jointly and cordially and have cordial relations which shall be in the larger interest of the minor June 19, 2022 sclaw
