Sanction or prior approval for prosecution under MCOCA: This sanction order dated 05.11.2020 is the bone of contention in the present matter. Held, this Court has repeatedly said that when an accused is absconding and is declared as proclaimed offender, there is no question of giving him the benefit of Section 438 CrPC. What has been observed […]
Deceased wife allegedly burnt by her in laws on 20-12-2011, because of non fulfilment of their dowry demand Two dying declarations recorded, first by IO and second by magistrate. Magistrate had no animus against the accused. In this declaration, deceased clearly implicated both accused. Statement of the deceased in first dying declaration that she locked
Evidence Act, 1872 — S 32(1) Penal Code, 1860- S 302 r/w S 34 Read More »
Mere intoxication, held, not enough to attract S. 86. Son Murdered Father- a case of patricide albeit both the father and the son were drinking together. The effect of alcohol may have resulted in a quarrel inter se the father and the son. In this altercation, the appellant picked up a Nagar Wood and inflicted few injuries to his father,
Principles clarified regarding effect of omission to frame proper charge and to put relevant circumstances to accused during their examination under S. 313 (in a murder case) and applicability of Ill. (e) of S. 213 CrPC. Held, As can be seen from the oral evidence, the post-mortem reports and examination of the doctor, Harpal Singh
Criminal Procedure Code, 1973 — Ss. 211, 212, 213 and Ill. (e) thereto, 215, 313 and 464 Read More »
Scope of judicial review of State action in a matter arising from non-statutory contract on ground of arbitrariness, explained. Held, We would, therefore, sum up as to when an act is to be treated as arbitrary. The court must carefully attend to the facts and the circumstances of the case. It should find out whether
Para 11- In view of the implementation of the GST and as per Article 279A of the Constitution of India, the GST Council is empowered to make recommendations to the States on any matter relating to GST. The GST Council can also issue advisories to the respective States for implementation of the DIN system, which shall be
Para 17– Though the decision of this Court in the case of Bijnor Urban Cooperative Bank Limited (supra) was specifically pressed in service on behalf of the Bank and was pointed out to the High Court, the High Court instead following the binding decision of this Court in the case of Bijnor Urban Cooperative Bank
There are two facets of right to equality: Formal equality and substantive equality. Formal equality means that every person, irrespective of attributes must be treated equally and must not be discriminated, while substantive equality is aimed at producing equality of outcomes through different modes of affirmative action. Reasonable accommodation, held, one of the means for
In case of Supreme Court’s order to High Court to place before Supreme Court suggestions and road map formulated by High Court for early disposal of commercial disputes. Suggestions and road map formulated by High Court, held, should have been necessarily placed before Supreme Court well in advance so as to enable Supreme Court to
Held, Before parting, we may observe that there could indeed be a necessity to impose certain restrictions so as to prevent mushrooming growth of pharmacy colleges. Such restrictions may be in the larger general public interest. However, if that has to be done, it has to be done strictly in accordance with law. If and
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