Corruption Sanction for prosecution—Charges related to period when accused were Ministers and Chief-Minister—Cognizance of offence taken by Court when the accused ceased to be Ministers but were members of Legislative Assembly or M.P.—Sanction for prosecution under Section 19(1) of the Penal Code Act not required. April 6, 2017 sclaw
Constitution Freedom of Speech and Expression—Obscene pictures published in newspapers—Rules of decency—Sufficient safe guards for children and general public avialble in terms of various legislations, norms, rules and regulation, there is no need to ban publication such pictures. April 6, 2017 sclaw
I P C Unlawful Assembly–The offence, even if it is not committed in direct prosecution of common object of the assembly, Section 148 IPC may still be attracted Criminal Trial—Benefit of doubt–Where two views are possible, benefit of doubt must be given to the accused. April 6, 2017April 6, 2017 sclaw
Service Service Law–Seniority will be counted in the cadre from the date of issuance of order of substantive appointment in the said cadre. April 6, 2017 sclaw
C P C Second Appeal–High Court should be slow in reversing finding of facts unless there are compelling reasons for doing so. April 6, 2017 sclaw
Matrimonial Shared Household–Wife is only entitled to claim a right of residence, in a shared household and a ‘shared household’ would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member–The property belonging to her parents in laws cannot be called a shared household. April 6, 2017 sclaw
Corporate Debt Recovery–Administrator of Specified undertaking of UTI are ‘financial institutions’ within the meaning of RDDBFI Act and their claim for recovery of debts before DRT is maintainable. April 6, 2017 sclaw
Matrimonial Condonation of delay–Varying stand for seeking condonation of delay of 62 days–Delay condoned on payment of costs. April 6, 2017 sclaw
Will & Succession Custom–Custom has the effect of overriding law which is purely personal–It cannot prevail a statutory law, unless it is thereby saved expressly or by necessary implication. April 6, 2017 sclaw
Cr P C Sentence–Concurrently running of–Section 427 Cr.PC. could not be applied in–Separate and independent proceedings by High Court. April 6, 2017 sclaw
