Condonation of delay in filing of application for setting aside ex parte decree- necessity of proper examination of whether ex parte decree was justified, and whether sufficient cause had been shown for the delay. Proper forum for challenging refusal to set aside ex parte decree under Or. 9 R. 13, ascertained. With the refusal of […]
Or. 9 R. 13 and S. 115 — Setting aside of ex parte decree Read More »
In this case of double murder based on circumstantial evidence, links in the chain of circumstances were completely established. High Court, held, has not properly appreciated entire evidence on record. Findings recorded by High Court are perverse. High Court, held, committed grave error in observing that prosecution failed to prove link evidence, which could establish
Penal Code, 1860 — S. 302 Read More »
A writ petition was filed before the Gujarat High Court challenging Notification 8/2017 and Notification 10/201713. Core taxable event under GST Regime is supply of goods or services, or, both, either individually or as composite supply, which composite supply cannot be dissected and taxed separately or additionally if the composite supply itself is taxable. The
Application under the MV Act has to be decided on basis of evidence led before it and not on basis of evidence which should have been or could have been led in a criminal trial. The entire approach of the High Court is clearly not sustainable. Para 11. Held, We find that the appellants are
Validity of test identification parade (TIP), determined. If identification in the TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of TIP inadmissible, even an identification in a court during trial is meaningless (Shaikh Umar Ahmed Shaikh and Anr. v. State of Maharashtra 29). Even a
Evidence Act, 1872 — S. 9 — Test identification parade (TIP) Read More »
Plea of “legal privilege” under S. 129, for non-disclosure of documents/opinions to the accused is untenable, where such documents/opinions form basis for initiating criminal prosecution. Held, SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part and such selective disclosure cannot be countenanced
Evidence Act, 1872 — Ss. 126 to 129: Plea of “legal privilege” under S. 129 Read More »
Ratio of Neeharika, (2021) 19 SCC 401, clarified and reiterated, that grant of any stay of investigation and/or any interim relief while exercising powers under S. 482 CrPC/Art. 226 of the Constitution is permissible only in the rarest of rare cases. Para 10. Despite the earlier judgment and order passed by the Supreme Court, again,
No sufficient cause of delay, only lethargy on part of Revenue Department is no more acceptable for condoning delay in such an age of computerisation. Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could
Though opinion of CVC is only advisory, it is nevertheless a valuable input in the decision-making process of the appointing authority. However, the final decision of the appointing authority must be of its own, by application of independent mind. Held, we have examined the correspondence and the long-drawn communications between the CBI, the DoPT, and
Prevention of Corruption Act, 1988 — S. 19 — Sanction for prosecution Read More »
No sufficient cause shown: Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could be done because highest Court has dismissed appeal. Such practice and process has already been deprecated by Supreme Court and it
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