The Supreme Court held that the intention to cause death was essential for conviction for murder under Section 302 of the Indian Penal Code, 1860. An elderly man was killed and his two grandchildren injured in a fatal assault during a dispute over a place of worship in Madhya Pradesh. The trial court convicted the three […]
Charge for Murder and Homicide-Indian Penal Code, 1860. Read More »
Conviction reversed due to non-holding of TI parade along with absence of motive and any connection with recovered articles, On facts, in a brutal murder of a teenager girl allegedly by the main accused and co-accused, conviction and sentence u/s. 302/34, ss. 449, 404 and 201 r/w 302 IPC – Appeal by the co-accused, wherein
Identity of appellant S. 302 r/w Ss. 34, 449, 404 and 201-Penal Code, 1860 Read More »
Effect of non obstante clause occurring in the 1986 Act: A divorced Muslim woman can maintain a petition under S. 125 CrPC, despite enactment of the 1986 Act. Non obstante clause occurring in Ss. 3 and 4 of the 1986 Act cannot be deemed to override the rights so provided by S. 125 CrPC. Equivalent
Admission of insolvency application on basis of partly admitted claim by debtor is not permissible when debtor willing to pay such admitted amount but disputes balance claim. Adjudication on existence of debt beyond admitted debt is necessary for admitting application. [Compack Enterprises India (P) Ltd. v. Jitendra Impex (P) Ltd., (2023) 8 SCC 742]
Grant of bail, by High Court to accused-respondents in this case, charge-sheeted after investigation for offences under Ss. 302, 307, 201 and 120-B IPC, by non-speaking order, and without taking into consideration any of material forming part of charge-sheet even to find out whether there is any material collected during the investigation involving the accused
Grant of Bail vide non speaking order- Criminal Procedure Code, 1973 — S. 439 Read More »
In cases/offences punishable with imprisonment for term which may be less than seven years or which may extend to seven years, whether with or without fine, and cases under S. 498-A IPC or S. 4 of the Dowry Prohibition Act, directions issued for strict compliance with directions issued in Arnesh Kumar, (2014) 8 SCC 273
Bank officials are not covered under this section. S. 197 protects only public servants whose appointing authority is the Central Government or the State Government and not every public servant. [A. Sreenivasa Reddy v. Rakesh Sharma, (2023) 8 SCC 711] Case Comment: It is pertinent to note that the banking sector being governed by the
Legal entitlement to avail services of support person, explained. Directions issued to take action, frame rules/guidelines with respect to support persons ecosystem for eligibility, selection, appointment, training, pay, career advancement, etc. [Bachpan Bachao Andolan v. Union of India, (2023) 9 SCC 133] Case Comment: A support person is to provide information, emotional and psychological
As termination of services of appellant probationers without holding proper enquiry and granting opportunity of hearing, termination order declared illegal and set aside. Where allegation of misconduct constitutes foundation of action taken, held, termination of service by competent authority can be nullified on ground of violation of natural justice. [Amar Kumar v. State of Bihar,
Termination of Service —— Necessity of Compliance of Natural justice- Service Law Read More »
After the completion of the deputation, while the other trainee constables reported back to the Training Centre and joined, the respondent-plaintiff neither reported back nor gave any intimation for his non-reporting. Therefore, the S.P., Training Centre, made a recommendation to S.S.P., Amritsar to exercise power under Rule 12.21 of PPR to discharge the probationary constable. In
Termination of Service / Discharge Simpliciter or punitive- Service Law Read More »
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