Request for recall of the appellant as a witness under Section 311, CrPC was justified, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined.
SUPREME COURT OF INDIA DIVISION BENCH SATBIR SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. ) Criminal Appeal…
HELD any promotion given to the petitioner consequent to his continuance in service on the strength of the interim order would automatically fall to the ground once the Special Leave Petition is dismissed and the termination order attains finality.
SUPREME COURT OF INDIA DIVISION BENCH JAGPAL SINGH — Appellant Vs. THE STATE OF U.P. AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…
Even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report – Magistrate is not debarred from taking cognizance of a complaint merely on the ground that earlier he had declined to take cognizance of the police report
SUPREME COURT OF INDIA DIVISION BENCH ZUNAID — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal Appeal…
Murder – Advocate appointed to represent accused was not granted even a reasonable time to prepare herself – Therefore, the impugned judgment insofar as relates to the appeal preferred by the appellant is concerned will have to be set aside and the appeal will have to be remanded to the High Court
SUPREME COURT OF INDIA DIVISION BENCH NIRANJAN DAS @ NIRU DAS @ MAHANTO — Appellant Vs. THE STATE OF WEST BENGAL — Respondent ( Before : Abhay S.Oka and Pankaj…
Appellant continues to work as a lecturer in English on a half time basis – Therefore, for doing substantial justice, this is a fit case to invoke power under Article 142 of the Constitution of India for continuing her appointment on full time basis – Direction issued to State Government to release grant-in aid for paying salary.
SUPREME COURT OF INDIA DIVISION BENCH VIJAYA BHIKU KADAM — Appellant Vs. MAYANI BHAG SHIKSHAN PRASARAK MANDAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol,…
Hindu Succession Act 1956 – Essential ingredient of Section 14 subsection (1) is possession over the property – Possession being a prerequisite to sustain a claim under subsection (1) of Section 14 of the 1956 Act – Admittedly the plaintiff was never in possession of the property – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH M. SIVADASAN (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. A. SOUDAMINI (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : C.T. Ravikumar…
Criminal Procedure Code, 1973 (CrPC) – Section 432 – Remission of sentence – Overemphasis on the presiding judge’s opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government’s decision on a remission application, unsustainable
SUPREME COURT OF INDIA DIVISION BENCH RAJO @ RAJWA @ RAJENDRA MANDAL — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and…
Remarks by a court should at all times be governed by the principles of justice, fair play and restraint – Words employed should reflect sobriety, moderation and reserve – It should not be lost sight of and per contra, always be remembered that such remarks, “due to the great power vested in our robes, have the ability to jeopardize and compromise independence of judges”
SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB AND ANOTHER — Appellant Vs. M/S. SHIKHA TRADING COMPANY — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…
Increase/Enhancement of Retirement age – Retired Employees cannot claim a vested right to apply the extended age of retirement to them retrospectively and assume that by virtue of the enhancement in age ordered by the State at a later date, they would be entitled to all the benefits including the monetary benefits flowing from G.O. dated 9th April, 2012, on the ground of legitimate expectation
SUPREME COURT OF INDIA DIVISION BENCH DR. PRAKASAN M.P. AND OTHERS — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ.…
Remission of sentence – Overemphasis on the presiding judge’s opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government’s decision on a remission application, unsustainable
SUPREME COURT OF INDIA DIVISION BENCH RAJO @ RAJWA @ RAJENDRA MANDAL — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and…