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 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...
Counterfeit Currency – Acquittal Appeal – State appealed against the acquittal of accused charged with possession and trafficking of counterfeit currency under IPC Sections 489(A), (B), (C), and (D) – High Court upheld the trial court's judgment acquitting the accused – Emphasized the requirement of mens rea and the prosecution's failure to establish knowledge of co...
Murder and Destruction of Evidence – Acquittal Appeal – State challenged acquittal of accused for murder and destruction of evidence – High Court upheld acquittal, noting lack of evidence connecting accused to the crime – Focused on the absence of credible material proving involvement in the murder or subsequent destruction of evidence [Paras 1-15].
Evidence an...
Domestic Violence – Proceedings under Section 12 of D.V. Act challenged – Petitioner claims respondent already receiving maintenance from salary and under Section 125 Cr.P.C – Magistrate issued notice for response, no interim monetary compensation ordered – Legal position on scope of notice under Section 12 clarified by Supreme Court – Petition dismissed, premature ch...
Criminal Law – Rape – Acquittal Appeal – Application for leave to appeal against acquittal – Delay in filing condoned – Facts involve alleged rape of a 13-year-old girl by the respondent – Prosecutrix’s testimony graphic but lacked corroboration from medical evidence – MLC recorded as assault, not sexual assault – Benefit of doubt granted to ac...
Criminal Law – Acquittal in Case of Alleged Dowry Death and Cruelty – Appeal by State Dismissed – The High Court of Gujarat dismissed the State’s appeal against the acquittal of the accused for offences under Sections 302, 498(A), 306, 304(B), and 114 of the Indian Penal Code. The Court held that the prosecution failed to establish a direct cause linking the alleged cruelty...
Murder Acquittal Upheld – Criminal Appeal against Sessions Court Acquittal – Respondent acquitted of charges under Section 302 IPC – High Court finds no conclusive evidence of commission of the offence by the respondent, raises concerns about the credibility and sufficiency of prosecution evidence – Observes unnatural behavior and inconsistent testimonies of key witnesses &...
Criminal Law – Sentencing for Conspiracy and Terrorism-related Offences – High Court considered appeals against sentences for various offences under the IPC and UAPA – Appellants had pleaded guilty and were sentenced to life imprisonment for the most serious offences – Appeals focused on the extent and legality of sentences, particularly challenging life sentences as unduly...
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...