Criminal Law – Remission of Sentence – Judicial Review – The Court has the power to review the government's decision regarding the acceptance or rejection of an application for remission under Section 432 of the CrPC to determine whether the decision is arbitrary in nature. While the government has discretion to suspend or remit sentences, it cannot exercise this power arbitr...
Promotion Process - Principle of 'Merit-cum-Seniority' - Petitioners challenged the promotions made by the High Court of Gujarat under Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 - Alleged misapplication of 'Merit-cum-Seniority' - High Court's promotion process involved a Suitability Test comprising Written Test, Evaluation of Annual Confidential Reports (ACRs),...
Criminal Law – Malicious Prosecution – Quashing of FIR – The Supreme Court addressed the challenge against the High Court's dismissal of a petition for quashing FIR No. 248 of 2022. The FIR involved allegations of financial impropriety and deceit related to a job offer. The court scrutinized the circumstances under which the FIR was lodged, considering the delay in filing, la...
Judicial Power and Authority – Judicial power to cancel a registered instrument, specifically a sale deed, rests with the civil courts, not the Registrar – The impugned circular by the State Government of Jharkhand, vesting the power of cancellation on the Registrar, is legally unsustainable and is set aside – Registration of an instrument entails legal consequences affecting leg...
Passport Issuance and Criminal Proceedings – The Court examined whether the pendency of a criminal case bars the issuance or renewal of a passport – Analyzed Sections 2(e), 3, 5, 6, 7, 10, and 22 of the Passports Act, 1967 and relevant rules – Recognized that Section 6(2)(f) mandates denial of passport if proceedings for an offense are pending in a criminal court in India [Paras ...
Service Law - Writ of Certiorari – Quashing Endorsement Dated 05.08.2017 – Petitioner's claim for interest on delayed payment of salary and difference of salary during suspension period – Respondent's refusal based on lack of provisions in service regulations – Issue addressed under Articles 226 & 227 of the Constitution of India. [Para 1]
Protracte...
Interpretation of Statutes - Rules of interpretation - Application to Section 17-A of the Prevention of Corruption Act, 1988 - The statute must be read as a whole and each word used by the legislature is required to be assigned a meaning to give a meaningful definition - Words in a statute are used precisely and not loosely - Intention of the legislation predominates while interpreting the statute...
Judicial Service – Promotion – LDCE Eligibility – Supreme Court addressed the need to modify the eligibility criteria for promotion through LDCE for the DHJS – Recognized that in the High Court of Delhi, both Civil Judges (Junior Division) and Civil Judges (Senior Division) perform similar duties, differing mainly in pay scales – Modified criteria to require 7 years q...
Promotion Policy and LDCE Notification Challenge - Petitioner challenges circular dated 13.11.2023 on eligibility criteria for LDCE in DGM (E-4) Grade in Finance Cadre of IRCTC - Questions the arbitrariness of setting the cut-off date as 13.11.2023 instead of 01.07.2022 per IRCTC promotion policy - Argues for retrospective effect on promotion from 01.07.2022. [Paras 1-4, 14-15, 18-20]
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Import of Guns for Entertainment Purposes - Petitioner's claim that imported guns, which do not release a projectile, should not be classified as "firearms" under Section 2(e) of the Arms Act, 1959, thus negating the need for a license [Paras 1-2].
Exemption Under Arms Rules, 2016 - Reference to exemption notification dated 18.07.2016 for “firearm replicas”, with the a...