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 - 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...
Criminal Law – Sect. 376 of the IPC – Appeal Against Acquittal - Rape of Minor – Credibility of Victim – Conviction Restored – The prosecutrix, aged about 5½ years, was subjected to rape by the accused, a known family member – Her statement was found consistent, trustworthy and corroborated by medical and forensic evidence – Trial court convicted th...
Criminal Law - Murder and Robbery – Circumstantial Evidence – Conviction Upheld – The appellant, a former employee of the deceased, was last seen with the victim and was found in possession of stolen gold ornaments soon after the crime – Blood-stained shirt belonging to him was recovered – Medical injuries, absence of explanation, and recoveries corroborated guilt &nd...
Criminal Law - Sentencing – Set-off under Section 428 CrPC – Full Bench Interpretation – The Supreme Court examined whether an accused, convicted in two different cases, can claim set-off of undertrial detention period in both cases – Held: If an accused is in custody for more than one case during the same period, he is entitled to claim set-off in each case independently &...