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Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence To attract S. 307 IPC, the crucial element is the intention or knowledge to cause death with which the act is done, irrespective of the nature or severity of the injury actually caused. S. 307 uses the word ‘hurt’, not ‘grievous hurt’ or ‘life-threatening hurt’ — Therefore, an accused cannot be acquitted merely because the injury inflicted was not grievous or dangerous to life, if the evidence establishes that the act was done with the requisite intention or knowledge to cause death

Land Acquisition Act, 1894 – Section – 4(1), 23(1) – Stamp Act – Section – 48 – Enhancement of the compensation – The High Court by the impugned judgment dated 22nd August, 1989 made in R.F.A. No52/89 and batch uniformly enhanced the market value to Rs. 12,000/- per bigha – Court has considered the entire gamut of the operation of the relevant provisions of Stamps Act and held that the fixation by the Government of the amount under Stamp Act for fiscal purpose bears no relevance to determine the market value

(1995) 4 SCALE 726 : (1995) 5 SCC 310 : (1995) 2 SCR 572 Supp SUPREME COURT OF INDIA PAINDER SINGH AND OTHERS — Appellant Vs. UNION OF INDIA (UOI)…

Service Matters

Appellant, a professor in Physics was appointed as Vice-Chancellor of Mysore University – Immediately another order passed rescinding earlier order as he had been facing a criminal case – This order had been passed immediately and much before the date on which appointment could become effective – There was no necessity to give him an opportunity

  AIR 1999 SC 849 : (1998) 8 JT 344 : (1998) 6 SCALE 378 : (1999) 1 SCC 422 : (1999) SCC(L&S) 229 : (1998) 3 SCR 165 Supp…

A lawyer, no doubt has a duty towards his client to do his best in his interest but within the parameters of law – He at the same time is equally responsible to assist the court fairly on the exact and latest position of law to his knowledge – His right to debate in the court is no licence to sidetrack the issue and mislead or pressurise the court to act in a particular manner – If he does so, it amounts of his misconduct attracting the wrath of disciplinary provisions of the Advocates Act.

  AIR 2001 SC 457 : (2000) 3 JT 505 Supp : (2000) 8 SCALE 76 : (2001) 2 SCC 221 : (2000) 5 SCR 345 Supp : (2001) 1…

Penal Code, 1860 (IPC) – Section 364-A – Abduction – Conveyance of demand of ransom – Abduction of victim, a college student – Accused persons told him that they will ask his father to pay a huge amount for his release – Victim managed to escape and informed villagers – Accused arrested on the spot – Demand of ransom has already been made by conveying it to victim

  (2004) CriLJ 4645 : (2004) 8 JT 72 : (2004) 7 SCALE 671 : (2004) 8 SCC 95 SUPREME COURT OF INDIA MALLESHI — Appellant Vs. STATE OF KARNATAKA…

There are no cogent materials upon which the subjective satisfaction of the detaining Authority that the detenu was likely to be released on bail was arrived at; and there was a delay of 6 days in forwarding representation to the Central government – All the procedural requirements of Article 22 are mandatory in character and even if one of the procedural requirements is not complied with, the order of detention would be rendered illegal

  (2010) 10 JT 456(1) : (2010) 10 SCALE 248 : (2010) 9 SCC 618 : (2010) 10 UJ 5119 SUPREME COURT OF INDIA SMT. PEBAM NINGOL MIKOI DEVI —…

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Constitution of India – Article 21 – Bail – Cancellation – Accused cannot be granted bail only on the ground that he was in custody for seven months – Individual liberty is restricted by larger social interest and its deprivation must have due sanction of law.

(2012) CriLJ 4670 : (2012) 4 JCC 2909 : (2012) 9 JT 155 : (2013) 1 RCR(Criminal) 277 : (2012) 9 SCALE 165 : (2012) 9 SCC 446 SUPREME COURT…

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