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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.

Motor Vehicles Act, 1939 – Section 95(2)(b) – Statutory liability of insurer – Scope of – The insured vehicle allowed to carry six passenger, the maximum liability of insurer is at the rate of Rs. 2,000/- per passenger subject to total liability of Rs. 20,000/-. Motor Vehicles Act, 1939 – Section 110-B – Compensation – Considerations for determination of – Necessity to balance loss of future pecuniary benefit which could have accrued to the claimant – Decision partly on conjectures – Permissibility.

  (1971) ACJ 206 : AIR 1971 SC 1624 : (1971) 1 SCC 785 : (1971) SCR 20 Supp : (1971) 3 UJ 489 SUPREME COURT OF INDIA SHEIKHUPURA TRANSPORT…

Interpretation of deeds – Release deed – Scope of – Principle for construction of instrument relinquishing the property – Effect of wide language employed in the instrument. It is a well settled rule of interpretation of deeds of release that however wide and general the covenant of release may be, its operation must be restricted to the rights which are in the contemplation or in controversy between the parties and would not cover or comprehend rights which are never in the minds of the parties at that time.

  AIR 1975 SC 895 : (1976) 1 SCC 299 : (1975) 7 UJ 303 SUPREME COURT OF INDIA RAJAGOPAL PILLAI AND ANOTHER — Appellant Vs. PAKKIAM AMMAL AND OTHERS…

Constitution of India, 1950 – Articles 252, 168, 250 – Urban Land (Ceiling and Regulation) Act, 1976 – Section 2(h) – A.P. (Telangana Area) District Municipalities Act, 1956 – Section 244(1)(c)(iii) – The primary object and the purpose of the Urban Land (Ceiling and Regulation) Act, 1976, as the long title and the preamble show, is to provide for the imposition of a ceiling on vacant land in urban agglomerations,

  AIR 1979 SC 1415 : (1979) 3 SCC 324 : (1979) 3 SCR 802 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND OTHERS — Appellant Vs. VALLURI BASAVAIAH…

Criminal Procedure Code, 1973 (CrPC) — Section 43, 313, 354(3) — Penal Code, 1860 (IPC) — Section 302, 307, 436 —Conviction and sentence — Whether the death sentence awarded to the Appellant is excessive, disproportionate on the facts and circumstances of the case, i.e. whether the present case can be termed to be a ‘rarest of the rare case’ —

  AIR 2014 SC 2486 : (2014) AIRSCW 3905 : (2014) 7 JT 552 : (2014) 8 SCALE 113 : (2014) 7 AD 615 : AIR 2014 SC 2486 :…

Service Matters

Constitution of India, 1950 – Articles 12, 14 and 16 – Assam Industrial Development Corporation (A1DC) Voluntary Retirement Scheme, 1992, Clauses 3 to 8 – AIDC Limited (Employees) Service Rules, 1992 – Rule 18 – Voluntary retirement – Golden hand-shake voluntary retirement scheme – An open option made available to all employees subject to fulfilment of conditions prescribed under the scheme – Option once made not to be allowed to be withdrawn

  AIR 2000 SC 2769 : (2000) 87 FLR 190 : (2000) 10 JT 9 : (2000) 2 LLJ 1125 : (2000) 6 SCALE 198 : (2000) 7 SCC 390…

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