Service Termination - Appellant’s challenge against termination of services as temporary Collection Peon – Petitioner’s promotion based on interim order after termination – Court’s analysis of validity of continued service and promotion – Division Bench’s conclusion upheld. [Paras 1-12]
Employment Law - Termination of Services - Validity - Petitioner ap...
Criminal Revision – Quashing of Proceedings – Narcotics Case – Petitioner seeks quashing of proceedings and orders – Allegations of involvement in storing and transporting contraband – Statements of co-accused implicating the petitioner – Initial discharge application rejected – Further investigation ordered – Prima facie case established against the...
Criminal Appeal – Conviction and Sentence - Appeal against the judgment dated 13.03.2000, convicting the appellant under Sections 304-II and 323 of IPC. The appellant was sentenced to 10 years and 3 months R.I. with a fine. [Para 1-2]
Judicial Custody – Period of Incarceration - The appellant was in judicial custody from 05.10.1998 to 30.03.2000 and was released on 19.05.2000 after ...
Preventive Detention – Illicit Trafficking of Narcotic Drugs – Challenge to the validity of detention order – Analysis of grounds of detention, nature of activities attributed to the detenue, and legality of procedure followed by detaining authority – Court examines context of drug trafficking and seriousness of drug problem globally – Emphasis on preventive detention...
Facts of the Case -complainant, an employee at HDFC Life Insurance, accused her superior of using derogatory language against her, specifically the term “Gandi Aurat” (dirty woman) - case was examined under Section 509 of the IPC, which deals with outraging the modesty of a woman. [Para 45]
Defining Modesty of Women - concept of “modesty of women,” describing i...
Criminal Appeal – Habeas Corpus Proceeding – The appellant approached the court alleging illegal detention of his wife, Mathithra, by her family – The Court, after facilitating the recording of Mathithra's statement, found that she wishes to reside with the appellant of her own free will – Respondents directed to ensure her joining with the appellant. [Para 1-5]
Hind...
Additional Evidence – Judicial Discretion – Criminal Appeal – Held: The Appellate Court’s discretion under Section 391 Cr.P.C. to allow additional evidence is limited to cases where such evidence is essential for a just decision. The petitioner’s failure to produce evidence earlier due to negligence does not justify reopening the case to fill gaps. The dismissal of th...
Revision Petition – Application for Additional Evidence- Accused/petitioner challenges the order that declined his application for leading additional evidence under Section 391 Cr.P.C. – Accused was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881. [Para 1-2]
Dishonored Cheque – Signature Dispute- Petitioner contends that the signatu...
Bail – Delay in trials and undertrials’ prolonged incarceration – Concerns about prosecution’s conduct in criminal cases leading to trial delays and undertrials languishing in jail – Court’s attention drawn to orders highlighting such issues – State directed to enforce the Standard Operating Procedure (SOP) for timely appearance of prosecution witnesses &n...
Anticipatory bail petition filed under Section 439 Cr.P.C. - Allegations of offenses under Sections 307/120-B/427/34 IPC, 1860 and Sections 25/27 of the Arms Act, 1959 - Petitioner seeks regular bail - Petitioner's claim of separation and dissolution of marriage by mutual consent challenges the alleged motive - Petitioner's absence from the country on the day of occurrence - Petitioner'...