Criminal Law – Transit anticipatory bail – In situations where an accused is a resident in a state different from where the FIR is registered, full-fledged anticipatory bail cannot be sought in the resident state – However, the individual is entitled to apply for transit anticipatory bail from the Court of Session or High Court in their resident state
SUPREME COURT OF INDIA DIVISION BENCH PRIYA INDORIA — Appellant Vs. STATE OF KARNATAKA AND OTHERS ETC. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Criminal…
Service Law – Appointment – “anticipated vacancies” – To sum up the position of law as it stands, once clear and anticipated vacancies have been advertised, appointments can only be made on these vacancies – Vacancies which could not be anticipated before the date of advertisement, or the vacancies which did not exist at the time of advertisement, are the vacancies for the future i.e., next selection process.
SUPREME COURT OF INDIA DIVISION BENCH VIVEK KAISTH AND ANOTHER — Appellant Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…
Economic Offences – Economic offences are distinct and warrant a unique approach when considering bail – Due to their inherent complexity, deep-rooted conspiracies, and substantial loss of public funds, these offences should be treated seriously – They pose a significant threat to the country’s financial well-being and can have severe repercussions on its overall development – As a result, economic offences are deemed grave and necessitate special consideration in legal matters.
SUPREME COURT OF INDIA DIVISION BENCH TARUN KUMAR — Appellant Vs. ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal…
Water (Prevention and Control of Pollution) Act, 1974 – Sections 25 and 26 – Air (Prevention and Control of Pollution) Act, 1981 – Section 21 – Grant of Consent to Establish (CTE) – An appeal could have been preferred by the appellant for challenging condition no. 4 by taking recourse to Section 28 of the Water Act and Section 31 of the Air Act – In fact, the judgment of the Appellate Authority shows that the attention of the Appellate Authority was invited to the aforesaid condition no.4 – After having acted upon the ex-post facto CTE dated 18th October 2017, the appellant cannot be allowed to approbate and reprobate.
SUPREME COURT OF INDIA DIVISION BENCH M/S SWETA ESTATE PVT. LTD. GURGAON — Appellant Vs. HARYANA STATE POLLUTION CONTROL BOARD AND ANOTHER — Respondent ( Before : Abhay S. Oka…
Eligibility Conditions For Post Can’t Be Relaxed After Last Date Of Applications Without Giving Wide Publicity
The Supreme Court recently reiterated that eligibility criteria for a post, as set out in the Rules, could not be relaxed unless the said relaxation was envisioned in the Rules…
Penal Code, 1860 (IPC) – Sections 302, 307, and 326 read with Section 120B – Abkari Act, 1077 – Section 55(a), 55 (h), 55 (i) and 57(A)(1)(ii) – Deadly conspiracy of liquor poisoning by mixing noxious substances likely to endanger human life -Conspiracy is when two or more persons agree to do or cause to be done an illegal act or legal act by illegal means – Offence of criminal conspiracy is an exception to the general law, where intent alone does not constitute crime – It is the intention to commit a crime and join hands with persons having the same intention –
SUPREME COURT OF INDIA DIVISION BENCH SAJEEV — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No. 1134…
Penal Code, 1860 (IPC) – Sections 302 and 149 – Arms Act, 1959 – Section 25 – Murder – Death sentence – Criminal history of the convict by itself cannot be a ground for awarding him death penalty – Past conduct does not necessarily have to be taken into consideration while imposing death penalty – Present case is not a case wherein it can be held that imposition of death penalty is the only alternative
SUPREME COURT OF INDIA FULL BENCH MADAN — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal…
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Sections 3, 9 and 12A – Detention order – Applicability of Section 9 and Section 12A of COFEPOSA – Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board –
SUPREME COURT OF INDIA DIVISION BENCH THANESAR SINGH SODHI (D) THR. LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Vikram Nath and…
Carriage by Air Act, 1972 – Sections 19 and 13(3) – Carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods – If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
SUPREME COURT OF INDIA DIVISION BENCH M/S. RAJASTHAN ART EMPORIUM — Appellant Vs. KUWAIT AIRWAYS AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ. )…
Service Law – Parity in pay scales – Relief cannot be denied to the employees when the entitlement is denied due to irrational consideration without application of mind to the facts involved in the case by the employer, thereby denying the benefits to the employees
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. D.G.O.F. EMPLOYEES ASSOCIATION AND ANOTHER — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha,…