Order of High Court directing State Government to increase the percentage of reservation for a particular category, that is, to provide for 3% reservation/quota for sportspersons, instead of 1% provided by State Government, held, beyond its jurisdiction and a grave error. (Para 10 and 11) Court cannot issue a mandamus: (i) to provide for reservation […]
Accountability of Social media platforms, for posts made on such platforms by third parties: held, social media platforms such as petitioner Facebook cannot contend that they have some exceptional privilege to abstain from appearing before a House Committee duly constituted by the Legislature concerned. Extent of accountability of Social media platforms for posts made by third
Constitution of India — Arts. 19(1)(a) & (2) and Arts. 194 & 105 Read More »
The respondent was a clerk cum cashier. It is a post of confidence. The respondent breached the trust of a widowed sister in law as well as of the Bank, making it hardly a case for interference either on law or on moral grounds. The punishment imposed on the respondent could also hardly be said
Constitution of India — Art. 226 — Interference with award of Industrial Tribunal: Read More »
In this case, late husband of respondent was dismissed from service on 16-12-1996. In case respondent’s husband had not been dismissed, he would have superannuated in the year 1999.Respondent widow challenging dismissal order by filing writ petition in the year 2012 i.e. 15 yrs from date of termination and approximately 13 yrs from date on
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
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