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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.

Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others

2017(2) Law Herald (SC) 1498 : 2017 LawHerald.Org 1131 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice R. Banumathi Civil Appeal…

Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.

2017(2) Law Herald (SC) 1478 : 2017 LawHerald.Org 1132 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.5317…

Cruelty to Wife–Arrest–Prevention of misuse of S.498-A IPC—Directions issued that there will be no automatic arrest—Complaint has to be forwarded to a family welfare committee and till committee submits its report there can be no arrest. Cruelty to Wife—Investigation—To be done only by a designated investigating officer of the area. Cruelty to wife—Bail—Recovery of disputed dowry items will not be a ground for denial of bail. Cruelty to wife—Compromise—Quashing—District & Sessions Judge empowered to close the criminal cases with regard to matrimonial discord. Cruelty to Wife—Clubbing of Cases—It would beopen to the District Judge to club all connected cases between the parties arising out of matrimonial disputes. Cruelty to Wife—Prevention of misuse of S.498-A, IPC—Personal appearance of all family members—Trial court ought to grant exemption from personal appearance or permit appearance by video conferencing. Cruelty to Wife—Physical Injuries—Directions issued for prevention of misuse of S.498-A, IPC will not apply to the offences involving tangible physical injuries or death.

2017(2) Law Herald (SC) 1470 : 2017 LawHerald.Org 1139 IN THE SUPREME COURT OF INDIA Before Hon’ble Justice Mr. Adarsh Kumar Goel, Hon’ble Justice Mr.Udey Umesh Lalit CRANo. 1265 of…

Service Matters

Voluntary Retirement Scheme–Pension -Employees who apply for voluntary retirement after serving a minimum period of 15 years under a special/adhoc scheme formulated with the specific approval of the Government and the Board of Directors, will be eligible for pro-rata pension for the period of service rendered as if they are to retire on attaining the age of superannuation on that date.

  2007(5) LAW HERALD (SC) 3980  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H. S. Bedi Civil Appeal No. 3989…

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