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Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty. Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer’s Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside an ex parte decree — A minor who was not properly represented in succession proceedings, despite being a legal heir and known to respondents, can file an application under Order 9 Rule 13 CPC after attaining majority to challenge the ex parte proceedings. Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law. Contract Law — Termination and Blacklisting — Principles of Judicial Review — Courts must apply distinct standards of legality, rationality, and proportionality when reviewing administrative actions related to contract termination and blacklisting, considering the differing gravity of these measures and their consequences.

Indian Penal Code, 1860, S. 45 and 47–Criminal Procedure Code, 1973, S. 432, 433 and 433A–Premature release–Restriction on powers of remission or commutation in certain cases–A convict awarded life sentence has to undergo imprisonment for at least 14 years–While Sections 432 and 433 empowers the appropriate Government to suspend, remit or commute sentences, including a sentence of death and life imprisonment, a fetter has been imposed by the legislature on such powers by the introduction of Section 433A into the Code of Criminal Procedure by the Amending Act of 1978, which came into effect on and from 18th December, 1978–By virtue of the non-obstante clause used in Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by laws or where a death sentence has been commuted to life sentence, has been prescribed as 14 years.  

2010(1) LAW HERALD (SC) 125 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Dr. Justice B.S. Chauhan Special Leave Petition (Criminal) No. 4614…

Service Matters

Service Law–Backwages–Respondent was appointed as a Constable in PAC (Provincial Armed Constabulary)–He was convicted in a criminal case–Therefore, his services were terminated–Later , respondent acquitted from the charges of the Criminal case–Respondent filed writ petition for his reinstatement which was allowed by Single Judge–Respondent accepted that he would not be entitled for back wages–Fact that the respondent would not be entitled to back ages accepted by the respondent–Appeal deserves to be disposed of with clarification that the respondent would not be entitled to back wages–Appellants not been directed by the Single Judge or by the Division Bench to pay back wages to the respondent–Clarified that the respondents would not be entitled to back wages at all

2010(1) LAW HERALD (SC)  124 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 2816 of 2007…

High Court held that the transfers not effected by the provisions of Section 47 and 50B of the 1950 Act and observed that the original plaintiff had lost his possession in the land when he executed the agreement for sale and made over possession of the lands in question to the intending purchaser–Appeal against–Plaintiffs at no point of time objected to the Agreement for Sale despite the same being adverse to their interest–High Court, correctly held that the possession of the defendants was adverse to the interests of the plaintiff—No interference to the impugned judgment of the High Court called for.                                        

2010(1) LAW HERALD (SC) 121 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Special Leave Petition (Civil) No. 24089…

Trial Court and the High Court disbelieved the Will in favour of the appellant and decreed the suit of the respondents even though substantial questions of law arose–Impugned orders of the High Court set aside and  case remitted back to the High Court for fresh disposal considering the substantial questions of law. 

2010(1) LAW HERALD (SC) 119 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal Nos. 650-651 of…

Abetment of suicide–In order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence–It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he commits suicide.

2010(1) LAW HERALD (SC) 113 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A. K. Patnaik Criminal Appeal No. 1301 Of…

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