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Civil Procedure Code, 1908 (CPC) — Order 6 Rule 7 — Pleadings should not raise new claims or inconsistent allegations — A defendant cannot retract their initial stand taken in the written statement and introduce a completely new and contradictory case, especially after issues have been framed and the trial has commenced. Penal Code, 1860 (IPC) — Section 498-A — Cruelty by husband or relatives — Unsustained conviction — Oral testimony and documents were insufficient to establish the crime under Section 498-A — Convictions by trial court and High Court were reversed, and appellant acquitted. Central Civil Services (Conduct) Rules, 1964 — Railway Services (Conduct) Rules, 1966 — Proviso to Rule 1(3) of CCS (Conduct) Rules clarifies that railway servants are Government servants, though different rules apply — Separate service rules are for administrative convenience and do not change their status. Societies Registration Act, 1860 — West Bengal Societies Registration Act, 1961 — Governing documents — By-laws — Clause 24 — Delegation of authority — Majority resolution — A resolution by majority of trustees in writing is valid and effectual as if passed at a meeting of trustees. Criminal Procedure Code, 1973 (CrPC) — Section 235(2) — Conviction without hearing on sentence — High Court, after reversing an acquittal and convicting an accused for the first time, directed the Trial Judge to hear the accused on sentence and impose sentence — Such direction is contrary to law as the appellate court, when convicting for the first time, must hear the accused on sentence and impose it itself — It cannot remit the matter to the trial court for sentencing.

Auction – Bank guarantee – procedure and guidelines laid down by the ASC and that being a part of the auction notice, the appellant was under obligation to comply with and despite opportunity the appellant has failed to comply with both the twin conditions – High Court rightly set aside the auction – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH RAJIV KUMAR JINDAL AND OTHERS — Appellant Vs. BCI STAFF COLONY RESIDENTIAL WELFARE ASSOCIATION AND OTHERS — Respondent ( Before : Ajay Rastogi and…

Service Matters

By the very nature of the science that they practice and with the advancement of science and modern medical technology, the emergency duty that Allopathy doctors are capable of performing and the trauma care that they are capable of providing, cannot be performed by Ayurved doctors – both categories of doctors are certainly not performing equal work to be entitled to equal pay

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND OTHERS ETC. — Appellant Vs. DR. P. A. BHATT AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian and…

Right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India – During the pendency of the investigation, supplementary chargesheets were filed by the Investigation Agency just before the expiry of 60 days – Interim order of bail is upheld.

SUPREME COURT OF INDIA DIVISION BENCH RITU CHHABARIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and C. T. Ravikumar, JJ. ) Writ…

HELD in the nature of the transaction, and what was actually sold by the Official Liquidator, plant and machinery, such as would answer the description of immovable property, must also be found part of the property for the purpose of the stamp duty and other charges as per law.

SUPREME COURT OF INDIA DIVISION BENCH THE SUB REGISTRAR, AMUDALAVALASA AND ANOTHER — Appellant Vs. M/S DANKUNI STEELS LTD. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh…

N D P S Act, 1985 – Section 8(c) read with Sections 21(c), 27A, 28 and Section 29 – Evidence Act, 1872 – Section 25 – Confessional statements were made by the accused to an police officer empowered under Section 53 of the NDPS Act and hence, bar of Section 25 of the Evidence Act, the confessional statements will have to be kept out of consideration – Prosecution has not proved beyond a reasonable doubt that the appellants

SUPREME COURT OF INDIA DIVISION BENCH BOTHILAL — Appellant Vs. THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…