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...
Land Acquisition – Section 5A Inquiry – Industrial Focal Point – Acquisition Upheld – Appellants alleged no personal hearing in Section 5A proceedings – Collector had considered objections and released about 6 acres, acquiring only 1.5 acres – This showed objections were evaluated – Absence of record of personal hearing did not vitiate acquisition – ...
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 – 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...
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 ...
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, Section 326, Section 498A of the IPC - Dying Declaration – Sole Basis for Conviction – Mental State of Declarant Crucial – The conviction of the appellant was based solely on the dying declaration recorded by the Magistrate – The deceased was alleged to be suffering from mental illness and had been under treatment – Held: The...
Criminal Law – Criminal Revision Against Framing of Charge - Criminal Conspiracy – Registrar of Cooperative Societies alleged to have approved fraudulent freeze list of members and expulsion of 48 original members of Naval Technical Officers CGHS – File notings showed serious discrepancies, absence of required affidavits, and false audit reports – Held: Material on record e...
Negotiable Instruments Act – Section 148 – Conditional Deposit for Appeal – Conviction under Section 138 NI Act challenged in appeal – Appellate Court directed deposit of 30% compensation amount as condition for hearing – Petitioners alleged they were not granted opportunity to oppose application under Section 148 and cited exceptional circumstances including lack of ...
Criminal Law – Bail – Land Dispute – Delay in FIR – Petitioners alleged to have threatened and criminally intimidated complainant over land pooling – Multiple incidents reported with significant delays (up to 68 days) – Held: Delay in filing FIR and complainant’s own criminal antecedents cast doubt on veracity – Bail granted [Paras 5, 14, 15, 19].
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