Service Law – Compulsory Retirement – Public Interest – Order Set Aside – The respondent, an Executive Engineer, was compulsorily retired while under suspension and pending enquiry – The Supreme Court held that the compulsory retirement was not supported by any adverse service record or recommendation of the Review Committee – Held: The order was punitive and in...
Criminal Law - Criminal Conspiracy and Common Intention – Section 34 IPC – Murder Trial – Death Sentence Upheld – Acquittal Affirmed – The case involves brutal mass murder by Suresh and Ramji (Appellants), leading to conviction and award of death sentence – The Court examined the scope of Section 34 IPC regarding common intention and clarified that mere presence...
Criminal Law – Murder - Multiple Homicide – Sentencing & Procedure – IPC 302/149; CrPC 235(2), 309(2), 354(3) – Conviction affirmed; death sentence confirmed – Mass killing of 15 persons by appellants (total 17 that night) proved by injured/ocular witnesses – No adjournment after conviction was mandated solely for hearing on sentence in view of third proviso...
Probation and Corruption Offence – Applicability of Probation Act – Section 18, J&K Prevention of Corruption Act – Probation Denied - The High Court upheld the conviction for misappropriation and forgery under the Prevention of Corruption Act and Ranbir Penal Code, yet extended benefit under the J&K Probation of Offenders Act – Held: The benefit was impermissible as...
Default Bail – Indefeasible Right – Section 167(2) CrPC – Right Not Defeated by Subsequent Charge Sheet – Where the accused filed an application for bail after the expiry of 60 days and before the charge sheet was filed – Held: The right to statutory bail arises the moment the accused applies for bail and offers to furnish it – Later filing of the charge sheet d...
Criminal Law - Murder – Section 302 and Section 34 of the IPC - Circumstantial Evidence – Section 106 Evidence Act – Conviction Sustained – The appellant was convicted for abducting and murdering two young men during Punjab militancy – Eyewitnesses (parents) saw the appellant abduct the sons with AK-47 rifles – Bodies found next morning nearby – Appellant ...
Criminal Law – Bail - Right to Speedy Justice – Fundamental Right – Bail Granted Due to Delay – The appellant, convicted for murder and serving life sentence, had her appeal pending since 1997 without a hearing – High Court rejected bail on grounds of gravity – Supreme Court held that right to speedy justice is implicit under Article 21 and prolonged delay witho...
Service Law - Jurisprudence – Civil Post under Article 311 – Kurk Amins Appointed on Commission Basis – Held Government Servants – The appellants challenged High Court orders treating commission-based Kurk Amins, appointed for recovery of cooperative dues, as Government servants – High Court relied on control, supervision, appointment authority, and parity in duties w...
Criminal Law – Rape – Acquittal reversed – Sensitivity in adjudication – Delay explained – Medical opinion not decisive – Prior sexual history irrelevant – Section 228A anonymity – The High Court acquitted the accused of rape (Section 376 IPC) citing delay, alleged contradictions, “habituation,” and lack of maid-servant proof – Held...
Criminal Law - Review of Criminal Order – Section 362 CrPC – High Court Cannot Review Final Order – The High Court initially dismissed the respondent’s petition under Section 482 CrPC, finding proper sanction and a prima facie case – Subsequently, the same judge passed another order reversing the earlier one on a clarification petition – Held: The second order w...