Education Law – Eligibility for UGC Scale of Pay – High Court of Orissa dismisses appeal against the State Education Tribunal’s decision – Tribunal held Respondent No. 1 eligible for UGC Scale of pay from 01.01.1986 despite initial lack of requisite qualification – Condonation of qualification deficiency by Utkal University and subsequent approval of appoint...
Criminal Law – Quashing of Second FIR – Criminal Miscellaneous Application – Quashing of the orders dated 05.03.2016 passed by the learned 5th Additional Sessions Judge, Saran at Chhapra, and the order dated 21.01.2015 passed by the learned Chief Judicial Magistrate, Saran at Chhapra, directing the lodging of a second FIR in connection with Chhapra Town P.S. Case No. 52 of 2013 &...
Criminal Law - Joinder of Additional Accused - Criminal Law – Appeal under Section 14A(2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 2015 – High Court’s Dismissal of Appeal Challenging Addition of Accused under Section 319 of Cr.P.C – Court upheld Trial Court’s Order Adding Accused Based on Eyewitness Testimony – Plea of Alibi Con...
Criminal Law – Quashing of FIR and Charge-sheet – Validity of Magistrate’s Order under Section 156(3) Cr.P.C. – Petition seeking quashing of criminal proceedings, FIR, and charge-sheet in PRC Case No. 2154/2021 – Allegation of second marriage by petitioner without dissolution of first marriage – Magistrate’s order under Section 156(3) Cr.P.C. directing pol...
Criminal Law – Zimma of Seized Cattle – Revision petition against order refusing zimma – Seizure made under Assam Cattle Preservation Act, 2021 – Magistrate refused zimma on grounds of necessity for further investigation – Petitioner argued cattle were legally purchased, presented purchase receipt to Investigating Officer (I.O.) – Court held provisions of Chapte...
Criminal Procedure – Suspension of Sentence – Condition to Deposit Amount – Application under Section 482 CrPC to quash the condition to deposit Rs. 13,73,890/- imposed by appellate court for suspension of sentence during pendency of appeal – Applicant contends that insolvency proceedings under Section 94 of Insolvency and Bankruptcy Code, 2016 initiated before NCLT, and in...
Criminal Law – Conviction for Murder – Circumstantial Evidence – Hostile Witnesses – Appeal against the conviction under Section 302 IPC based on circumstantial evidence – Trial Court convicted appellant for the murder of his wife – Prosecution witnesses P.W.2, P.W.3, and P.W.5 declared hostile – Hostile witnesses did not support the prosecution case...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentence – Appeal – Non-compliance with Section 52A – Conviction and sentence of the appellant set aside due to non-compliance with mandatory provisions of Section 52A of the NDPS Act, which requires the preparation of an inventory, and drawing of samples in the presence of a Magistrate – Held that ...
Criminal Law – Conviction based on Circumstantial Evidence – Acquittal – Criminal Appeal against conviction under Section 302, IPC – Sessions Court convicted accused for murder of his wife – Prosecution witnesses turned hostile – Prosecution failed to establish motive or conclusively link the accused to the crime – Lack of direct evidence – Held that...
Criminal Procedure - Quashing of Order - Petitioner seeking access to documents deemed 'unrelied upon' by the prosecution - Documents part of seizure memo but not listed in charge sheet as being relied upon by the prosecution - High Court holds that under Section 207 Cr.P.C., only documents 'relied upon' by prosecution need to be supplied to the accused - 'Unrelied upon' do...