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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

An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities-Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity-Any one, who is compelled to work at a lesser wage, does not do so voluntarily-He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity

  2016(5) Law Herald (P&H) 3870 (SC): 2016 LawHerald.Org 1911 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 213 OF 2013 State of Punjab & Ors.…

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 10 – Execution of sale deed – Respondent 2 has filed a suit in the Court of Senior Sub-Judge, Jullundur for a declaration that the sale deed allegedly executed by Defendant 1 in favour of Defendant 2 acting as power of attorney of the plaintiff is null and void and consequently the lease deed dated 10-2-1993 is null and void and not binding on the plaintiff

(1998) 8 SCC 466 SUPREME COURT OF INDIA BALDEV SINGH — Appellant Vs. PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : A. M. Ahmadii, C.J; Sujata V. Manohar,…

Land Acquisition Act, 1894 – Section 23 – Acquisition of land – Market value, determination of – Small plots – Acquisition of large area – Rates at which small plots sold cannot be a safe criteria. Where large area is the subject matter of acquisition, rate at which small plots are sold cannot be said to be a safe criteria.

  SUPREME COURT OF INDIA LAND ACQUISITION OFFICER — Appellant Vs. NOOKALA RAJAMALLU AND OTHERS — Respondent ( Before : Doraiswamy Raju, J; Arijit Pasayat, J ) Civil Appeal No’s.…

The High Court was in error while coming to the conclusion that the Appellant had no right in the plot in question and the impugned judgment as well as the order passed in Company Application are quashed and set aside and it is held that the plot in question does not belong to the Company in liquidation and the official liquidator has no right to deal with the plot or dispose of the plot and it would be open to the Appellant-Corporation to deal with or allot the plot as per its policy

  2014) 2 AD 285 : AIR 2014 SC 618 : (2013) 15 JT 327 : (2013) 14 SCALE 231 SUPREME COURT OF INDIA THE A.P.I.I. CORPORATION LTD. — Appellant…

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