(CrPC) – Sections 482, 378 and 407 – Penal Code, 1860 (IPC) – Sections 448, 454 and 380 – Theft – Discharge application – When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground – There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged
SUPREME COURT OF INDIA DIVISION BENCH VISHNU KUMAR SHUKLA AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin…
Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion – It in effect is selection through competitive examination within the limited category of candidates and cannot be equated with normal promotion – This being the position, the argument that regular promotion criteria had to be applied with regard to medical fitness even in the matter of selection through LDCE is not acceptable
SUPREME COURT OF INDIA DIVISION BENCH PAVNESH KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Civil…
Right of Children to Free and Compulsory Education Act, 2009 – Section 23(1) – Appointment of teachers for Class I to VIII – Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed – An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules
SUPREME COURT OF INDIA DIVISION BENCH JAIVEER SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ.…
(IPC) – Sections 307, 323 and 324 – Attempt to murder – Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances – the injuries on complainant and his mother have been found to be simple in nature, which is an additional point in the appellants’ favour – Only offences under Sections 323 and 324 of the IPC can be made out – Conviction under Section 307, IPC is unsustainable
SUPREME COURT OF INDIA DIVISION BENCH SIVAMANI AND DINESH KUMAR — Appellant Vs. STATE REPRESENTED BY INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…
(CrPC) – Section 313 – NDPS,1985 – Indeed, the appellant may not have earlier raised the issue regarding the inadequacy of examination under Section 313 of CrPC – However, in this case, the omission goes to the root of the matter as far as the appellant is concerned – Appellant has undergone incarceration of five and a half years – If, after the lapse of more than twentytwo years, he is again subjected to examination under Section 313 of CrPC, it will cause prejudice to him – Appellant’s conviction cannot be sustained – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH NABABUDDIN @ MALLU @ ABHIMANYU — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…
Customs Act, 1962 – Sections 22 and 23 – Abatement and remission of duty – Privileges enshrined in Sections 22 and 23 of the Customs Act, pertaining to abetment and remission, extend exclusively to those classified as ‘importers’ of insured goods.
SUPREME COURT OF INDIA DIVISION BENCH NEW INDIA ASSURANCE CO. LTD. AND OTHERS — Appellant Vs. M/S. MUDIT ROADWAYS — Respondent ( Before : Hrishikesh Roy and Sanjay Karol, JJ.…
Quashing of FIR – Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel – Non-production an expert’s report -Unless there was a material forming part of the chargesheet to show the nature of the liquid, no offence is made out – Now, it is too late for the State to file a report after a gap of more than two years – FIR quashed – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH SURESH AND OTHERS — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal…
Reconvening A Sitting Of Vidhan Sabha Which Isn’t Prorogued Permissible In Law & Within Exclusive Domain Of Speaker
“The Constitution and established legislative practice distinguish between adjournment sine die and prorogation of the session of the House. In the case before us the Vidhan Sabha was adjourned on…
FIRs In Multiple States Can’t Be Clubbed When Offences Under State Enactments Also Involved
“In the instant case, the FIRs have been filed against the petitioner in the respective States not only invoking the provisions of the IPC but also the provisions of the…
Supreme Court Denies Anticipatory Bail To IPS Officer Who Allegedly Got Conman To Pose As HC Chief Justice To Influence Corruption Probe
The Supreme Court recently denied anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of…