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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

Process of selection – The appellants have challenged before the court the alleged arbitrary decision of the Government in conducting a special recruitment test against the Rules and Guidelines issued for the recruitment of Computer Instructors and also by altering the minimum qualifying marks from 50% to 35% so as to absorb a larger number of candidates of its choice

(2009) 9 JT 70 : (2009) 9 SCALE 319 : (2009) 14 SCC 517 SUPREME COURT OF INDIA T. NADU COMPUTER SC B.ED. G.T. WELF. SOCIETY — Appellant Vs. HIGHER…

The negligence of the first respondent and the liability of the second respondent as the insurer are beyond dispute at the present juncture. The only arena is to figure out what should be the correct compensation awardable to the claimants – The Tribunal had awarded interest at the rate of 6% per annum from the date of the award but the High Court chose to curb it to 3% per annum.

(1999) ACJ 1299 : (1998) 9 JT 191 : (1998) 8 SCC 421 SUPREME COURT OF INDIA DR K.R. TANDON (MRS) — Appellant Vs. OM PRAKASH AND ANOTHER — Respondent…

Award of compensation – Appeal has been filed on behalf of the Karnataka State-Road Transport Corporation challenging the validity of the award given by the Motor Accidents Claims Tribunal-V, Bangalore City in a motor accident case which has been affirmed by the High Court – The respondent filed a cross-objection and sought enhancement of the amount of compensation including the rate of interest.

  (1999) ACJ 1278 : (1998) 9 JT 198 : (1998) 8 SCC 424 SUPREME COURT OF INDIA KARNATAKA STATE ROAD TRANSPORT CORPORATION — Appellant Vs. R. SETHURAM AND ANOTHER…

Service Matters

Employer has sacrosanct duty to act in terms of sacred objectives of social and economic justice – Respondents have not been absorbed by JHALCO despite JHALCO having absorbed more than 300 employees of BHALCO – Both States directed to make payments within stipulated time – Both States shall compute salary component after granting benefit of pay revision which has been extended to other employees

  (2014) 3 AD 279 : (2013) 15 JT 218 : (2013) 14 SCALE 133 : (2014) 2 SCC 114 : (2014) 1 SCC(L&S) 321 : (2014) 1 SCJ 420…

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