Compassionate appointment at higher post than held by deceased cannot be granted as a matter of right on ground that dependent is eligible for such higher post. Held, not permissible. [State of U.P. v. Premlata, (2022) 1 SCC 30]
Service Law— Compassionate appointment at higher post than held by deceased: Read More »
Directions issued for Right to information of voter re criminal antecedents of candidates to be made more effective and meaningful. Further, Directions issued to political parties to publish information regarding criminal background of candidates on the homepage of their websites with caption “candidates with criminal antecedents”. ECI also directed to create a separate cell which
Election- Democracy and general Principles-Electoral Reforms Read More »
Post of Assistant Public Prosecutor was to be made by direct recruitment on basis of competitive examination followed by viva voce test. Held, impugned judgment confirming order of Tribunal holding respondent entitled for promotion from date his juniors were promoted (without selection process) unsustainable. [State of U.P. v. Shyam Lal Jaiswal, (2022) 1 SCC 59]
The essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Held, instigation, can be inferred, where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option
Penal Code, 1860 — S. 306 r/w Ss. 107 and 34 — What is abetment of suicide Read More »
Mere fact that appellant was not brave enough to conceal where victim was hiding did not make him a part of the unlawful assembly that had the common object to murder the victim. He had only pointed towards place where victim was hiding. Hence, conviction of appellant-accused under Ss. 302/201/147/148/149, set aside. [Taijuddin v. State
Penal Code, 1860 — Ss. 141, 142 and 149 and Ss. 302/149 part of unlawful assembly Read More »
Charging accused and trying them together is warranted under sec 218 but held, there are exceptions to this rule in Ss 219 to 221 and thus if a person falls under these exceptions, then joint trial for the offences which a person is charged with may be conducted. Further held, while applying the principles enunciated
There was a delay of one year apart from 90 day’s delay in filing SLP where more than Rs 5 crores involved, authorities, held, must recover it from the officer(s) concerned. Before proceeding with the application, the steps taken by the appellant against the concerned officers and if not done, then an inquiry must be
Low age of victim cannot be considered as only or sufficient factor by Supreme Court for imposing death sentence. (para 35) Sentences awarded to appellant under Ss. 376, 364, 366-A and 201 IPC, upheld. However, considering mitigating circumstances, death sentence awarded under S. 302, is commuted to life imprisonment with stipulation that appellant shall not
In this case of culpable homicide not amounting to murder, there was no pre-meditation or pre-planning and incident was result of sudden quarrel in which accused exercised his right of private defense, but exceeded the limit. Para 14. Hence, while confirming conviction under S. 304 Pt. II, sentence modified to 2 yrs’ RI with fine
Penal Code, 1860 — S. 304 Pt. II and S. 300 Exceptions 2 and 4 Read More »
Application under S. 9 by an employee against employer company is admissible when there is non-payment of salary by the employer/corporate debtor. It was clear that there is an acknowledgement of liability, which therefore shows that there is no “dispute” as to amounts owed to the appellant. Held, NCLT was correct in admitting the S
Insolvency and Bankruptcy Code, 2016 — S. 9 r/w S. 238-A Read More »
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