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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.
Service Matters

Gratuity Payable On Resignation From Employment After 5 Years Of Continuous Service: SC HELD ” As rightly pointed out by the learned counsel for the respondents, Section 4(1)(b) of the Payment of Gratuity Act, 1972 provides that the gratuity shall be payable if the termination of employment is after 5 years of continuous service and such termination would include resignation as well.

Gratuity Payable On Resignation From Employment After 5 Years Of Continuous Service: SC [Read Judgment] LIVELAW NEWS NETWORK 16 April 2020 8:09 AM ‘Termination’ under Section 4(1)(b) of Payment of…

SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] @ SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf

SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular] Sanya Talwar 15 April 2020 9:08 PM In pursuance of conducting Video Conference Hearings effectively,…

Exemption Clauses In Insurance Contracts Are To Be Construed Against Insurer In Case Of Doubt : SC HELD Where there is ambiguity in the policy the court will apply the contra proferentem rule. It means that ambiguity in the wording of the policy is to be resolved against the party who prepared the contract.

Exemption Clauses In Insurance Contracts Are To Be Construed Against Insurer In Case Of Doubt : SC [Read Judgment] LIVELAW NEWS NETWORK 15 April 2020 7:48 PM In a notable…

Medical Oxygen IP & Nitrous Oxide IP Are ‘Drugs’ Under Section 3(b)(i) Of Drugs & Cosmetics Act 1940 : SC HELD “There is no doubt that Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings falling within the ambit of Section 3(b)(i) of the 1940 Act. We hold that Medical Oxygen IP and Nitrous Oxide IP fall within the ambit of Section 3(b)(i) of the 1940 Act and are consequently covered in Entry 88 of the 2005 Act”,

Medical Oxygen IP & Nitrous Oxide IP Are ‘Drugs’ Under Section 3(b)(i) Of Drugs & Cosmetics Act 1940 : SC [Read Judgment] LIVELAW NEWS NETWORK 14 April 2020 2:56 PM…

Service Matters

HELD As per the Government letter Centre has been merged with Institute of Distance Education, what are the consequences of merger of Centre with Institute of Distance Education have neither been explained by the appellant nor there are any material to come to the conclusion that by such merger the Centre shall become Centre maintained by the University. Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH P. GOPINATHAN PILLAI — Appellant Vs. UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil…

Service Matters

[Haryana PTI Selections] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC HELD that the preposition that a candidate, who participates in a selection without a demur taking a calculated chance to get selected cannot turn around and challenge the criteria of selection and the constitution of the selection committee is well settled.

[Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] LIVELAW NEWS NETWORK 9 April 2020 12:42 PM The Supreme…

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