When a person is preventively detained Arts. 21 & 22 are attracted and not Art. 19. Hence, to tear observations made in Madhu Limaye case out of context would be fraught with danger when it comes to liberty of person under Art. 21. Hence, contention that liberal meaning must be given to the expression “public […]
Grant of, by High Court under S. 482: It is permissible for High Court to pass an interim order under S. 482 CrPC of the nature impugned herein, in exceptional cases with caution and circumspection, giving at least brief reasons. What is not permissible is the tendency of the courts to pass blanket, cryptic, laconic, non-speaking
Cancellation of appointment due to absence of honorable acquittal from crime of violence, held, justified in this case. [State of Rajasthan v. Mohd. Saleem, (2021) 8 SCC 782]
Service Law — Antecedents/Character for Appointment of Police Read More »
Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court committed grave error in quashing charge sheet / entire criminal proceedings as there is ample material to show at least a prima facie case against the
Criminal Procedure Code, 1973 — S. 482 and Ss. 227 & 228 — Quashment Read More »
In the instant case, when High Court quashed criminal proceedings, the IO had after doing the investigation and collecting the evidence, had filed the charge sheet before Magistrate for offences under Ss 147,148, 149, 406, 329 and 386 IPC and even Magistrate took the cognizance of the same. High court lost sight of crucial aspects
Criminal Procedure Code, 1973 — S. 482 — Quashment application Read More »
Held, unequals are being treated equally in that no differentiation is made by the third proviso between the assessees who are responsible for delaying the proceedings and assessees who are not so responsible- since the objective was automatic vacation of stay granted on the completion of 365 days whether or not the assessee is responsible
Ex gratia monetary compensation to families of deceased who have succumbed to pandemic of COVID-19: Word “shall” used in S. 12, held, cannot be interpreted and considered as “may”. It is mandatory for National Authority to recommend guidelines for minimum standards of relief to be provided to persons affected by disasters including ex gratia assistance
This is evident from the answers given to the questionnaire by the managing Trustee of the Trust showing that the donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash. Cancellation of registration under S. 12-AA as charitable trust and approval granted under
Income Tax Act, 1961 — Ss. 12-AA and 80-G Read More »
S.197 CrPC seeks to protect officer from unnecessary harassment, who is accused of offence committed while acting or purporting to act in discharge of his official duties and, thus, prohibits court from taking cognizance of such offence except with previous sanction of competent authority. At the same time, such shield cannot protect corrupt officers and
Principles clarified re three broad sets of employers viz. (i) Employers in organised sector like industry; (ii) Employers in public sector undertakings including Boards and Corporations and other establishments which meet test of “State” within meaning of Art. 12 of the Constitution; and (iii) Central and State Governments proper as employers. As far as first
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