Employment Law - Reservation – Definition of Ex-Serviceman – IMNS Personnel Covered – Eligibility Recognized - The Court interpreted Rule 2(c) of the Punjab Rules, 1982 to include persons who served in the Indian Military Nursing Service (IMNS) – Held: IMNS is part of the Armed Forces of the Union as per the MNS Ordinance, 1943 – Respondent No. 4, having completed her...
Bail – Alleged Violation of Official Secrets Act – Applicant Honey-Trapped – Bail Granted – Accused, a 23-year-old apprentice, was alleged to have shared names and details of naval vessels with two absconding accused identified as suspected foreign agents – Prima facie it appeared he was seduced through social media chats and lured into giving limited information with...
Bail – Cheating and Forgery – Prima Facie Offence Established – Bail Denied – The petitioner, accused of inducing the complainant to invest Rs.1.73 crores in forged schemes by impersonating an employee of Yes Securities Ltd., failed to show any bona fide investment or return of funds – Investigation revealed the use of fake letters and documents to mislead the complai...
Criminal Law – Discharge - Medical Negligence – Delay in Filing Complaint – Barred by Limitation – Cognizance Not Justified – Complaint filed four years after patient's death alleging medical negligence – Held: Offence under Section 304-A IPC carries a limitation of three years – No satisfactory explanation offered for delay – Trial Court’s...
Criminal L:aw – Quashing - Negotiable Instruments Act – Director’s Vicarious Liability – Section 141 N.I. Act – Complaint Quashed – Petitioner was arrayed as an accused being one of the directors of the company – Allegations in the complaint only made general averments against the petitioner, whereas specific role and responsibility of managing day-to-day ...
Criminal Law – Murder - Unlawful Assembly – Formation of Common Object – Section 149 IPC – Conviction Upheld – Accused persons, all armed with firearms, engaged in abusive conduct while passing the victims’ house and, upon being confronted, opened indiscriminate fire causing multiple injuries and two fatalities – Held: The unlawful assembly came into exist...
Constitutional law - Governor's power to invite Chief Minister - Objective material for calling floor test - Held, the Governor must have objective material before concluding that the Chief Minister has lost the confidence of the House and calling for a floor test. [Para 166]
Constitutional law - Governor's power to invite Chief Minister - Restoration of status quo ante - Resignation of...
Bail – Cancellation – Criteria – The appeal addresses the cancellation of bail granted to the accused, highlighting misuse of liberty, influence over witnesses, and potential threat to the complainant. The Court emphasized that bail can be cancelled if the accused misuses his liberty by engaging in similar criminal activity, attempts to tamper with evidence, influences witnesses,...
Criminal Law - Bail Cancellation – Organized Child Trafficking – Improper Exercise of Discretion by High Court – Bail Cancelled - The High Court granted bail to multiple accused in a grave child trafficking case without proper application of judicial principles – Supreme Court held that the High Court's approach was casual, failed to consider the seriousness of offences...
Criminal Law - Murder – Common Intention – Section 34 IPC – Participation without Overt Act – Conviction Modified – The appellant, accused of aiding a politically motivated murder, was convicted under Section 302 IPC – Evidence established his active role in facilitating the crime with the co-accused – Held: Although no overt act was proved, common intenti...