Selection and elevation to the office of a High Court Judge - Even when the President, has appointed a person to a constitutional office, the qualification of that person to hold that office can be examined in quo warranto proceedings and the appointment can be quashed. In such a fact-situation, the writ petitioners or the members of the Bar could approach Hon’ble the Chief Justice of India; or the Hon’ble Law Minister, but instead of resorting to such a procedure, the writ petitioners had adopted an unwarranted short cut knowing it fully well that on the ground of the suitability, the writ petitions were not maintainable.
Wednesday, 5 March 2014
Monday, 3 March 2014
The arbitrator could not have awarded any interest from the date when the recovery was made till the award was made. However, interest would have been payable from the date when the award was made till the money was deposited in the High Court and thereafter converted to fixed deposit receipts. Upon the amount being deposited in the High Court, no further interest could be paid to the respondents.
Industrial Disputes Act, 1947 - Section 33 - Section 33(1) - Section 10A - Whether the employer Bank could have, in law, passed an order of dismissal with retrospective effect?
Friday, 28 February 2014
Narcotic Drugs And Psychotropic Substances Act, 1985 - Section 50 - Section 50(1) - Section 8 - Section 18 - merely a bag carried by a person is searched without there being any search of his person, Section 50 of the NDPS Act will have no application. But if the bag carried by him is searched and his person is also searched, Section 50 of the NDPS Act will have application.
Central Excise Act, 1944 - Section 35L - the set off shall operate only in respect of the amount that has been paid on the raw material and inputs on which the sales tax/ purchase tax has been paid.
Power of SERC under Electricity Act 2003 - Whether the Agreement dated 26.4.1994 is saved by the 2004 Tariff Schedule? - Effect of Section 185 of the Electricity Act 2003
Section 482 Code of Criminal Procedure, 1973 - Sections 120-B/420 Indian Penal Code, 1860 - Sections 5(2)read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 - Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Continuance of a criminal proceeding which is likely to become oppressive or may partake the character of a lame prosecution would be good ground to invoke the extraordinary power under Section 482 Cr.P.C.
Scheme and Guidelines relating to ‘Anganwadi Workers’.
Thursday, 27 February 2014
In the nature of things, there can be no hard and fast rules which the court can follow while considering whether an accused should be awarded death sentence or not. The core of a criminal case is its facts and, the facts differ from case to case.
Indian Penal Code, 1860 - Sections 302/201 and 376
Criminal Procedure Code, 1973 - Section 482 - Medical Negligence - Wrong treatment and consequential death of a patient - Correcting an accidental omission or typographical error - By correcting the judgment, the very foundation and the issue formulated, broken down and fell on the ground and the issue framed by the learned Single Judge, lost its sanctity. The learned Single Judge cannot correct an issue which has been framed and answered. Whether this case borders on judicial negligence or the negligence of the parties to point out that the issue was wrongly framed. Pleadings of the parties nowhere state that the patient is dead. The entire thought process of the Judge centered round on an incorrect premise that, due to the gross negligence on the part of the appellants, the wife of Respondent No. 1 died. Tthe learned Single Judge has expressed the opinion so expressively in the judgment which practically forecloses all the defences available to the parties, who are supposed to face the trial. The learned Single Judge, though ultimately indicated that the view is only a prima facie view, but a reading of the entire judgment, it would show otherwise. Judgment cannot be sustained on any ground. Consequently, the judgment dated 16.11.2012 as well as the subsequent order 11.2.2013 passed in the review petition, would stand set aside. The High Court is directed to rehear Crl. Misc. Petition No.M- 25733 of 2011 afresh.
Madhya Pradesh (Admission and Fee Regulatory Committee) Act, 2007
Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Section 279 - Section 304A - Motor Vehicles Act, 1988 - Section 187 - Section 134 -Punishment for offences relating to accident - Duty of driver in case of accident and injury to a person - If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Wednesday, 26 February 2014
Aircraft Act, 1934 - Aircraft Rules, 1937 - Rule 92 - National Security - Ground Handling Services - Whether any reasonable restriction or limitation or exception to natural justice is permissible in the interest of national security - It is difficult to define in exact terms as to what is national security. However, the same would generally include socio-political stability, territorial integrity, economic solidarity and strength, ecological balance, cultural cohesiveness, external peace, etc. What is in the interest of national security is not a question of law. It is a matter of policy. It is not for the court to decide whether something is in the interest of State or not. It should be left to the Executive. Thus, in a situation of national security, a party cannot insist for the strict observance of the principles of natural justice. In such cases it is the duty of the Court to read into and provide for statutory exclusion, if not expressly provided in the rules governing the field. Depending on the facts of the particular case, it will however be open to the court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved. Once the State is of the stand that the issue involves national security, the court shall not disclose the reasons to the affected party.
Tuesday, 25 February 2014
Validity of Section 43 of Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to the State of Gujarat, now known in the State of Gujarat as Gujarat Tenancy and Agricultural Lands Act, 194. This section places certain restrictions on the transfer of land purchased or sold under the said Act.
Indian Penal Code, 1860 - Code Of Criminal Procedure, 1973 - Section 173(8) - Section 482 - Section 173(2)
Prevention Of Corruption Act, 1988 - Indian Penal Code, 1860 - Madhya Pradesh Reorganisation Act, 2000 - Constitution Of India, 1950 - Article 32, 194(3) - Breach of privilege of the House or its members - It is made clear that privileges are available only insofar as they are necessary in order that House may freely perform its functions. For the application of laws, particularly, the provisions of the Lokayukt Act, and the Prevention of Corruption Act, 1988, the jurisdiction of the Lokayukt or the Madhya Pradesh Special Police Establishment is for all public servants (except the Speaker and the Deputy Speaker of the Madhya Pradesh Vidhan Sabha for the purposes of the Lokayukt Act) and no privilege is available to the officials and, in any case, they cannot claim any privilege more than an ordinary citizen to whom the provisions of the said Acts apply. Privileges do not extend to the activities undertaken outside the House on which the legislative provisions would apply without any differentiation.
Indian Penal Code, 1860 - Code Of Criminal Procedure, 1973 - Indian Evidence Act, 1872 - In spite of the fact that the appellant had committed a heinous crime and raped an innocent, helpless and defenceless minor girl who was in his custody, he is liable to be punished severely but it is not a case which falls within a category of rarest of rare cases.
Constitution of India 1950 - Article 21 - Right to die with dignity.
Monday, 24 February 2014
Friday, 21 February 2014
Service Law - Scope of regularisation of irregular or part-time appointments - Whether the services of the part-time sweepers could have been directed by the High Court to be regularized? Well-settled principles relating to regularisation and parity in pay - Sympathy and sentiment cannot be grounds for passing any order of regularisation - Part-time employees are not entitled to seek regularisation - Part-time temporary employees in government run institutions cannot claim parity in salary.
Thursday, 20 February 2014
Dargah Khwaja Saheb Act, 1955 - Section 4, 11 - Powers and duties of the Durgah Committee.
Indian Penal Code, 1860 - Section 452 - Section 307 - Attempt to murder - House Trespass
Indian Penal Code, 1860 - Section 377 - Section 302 - Reformation and Rehabilitation - Gruesome murder of a minor boy aged 10 years after subjecting him to carnal intercourse and then strangulating him to death.
Wednesday, 19 February 2014
Andhra Pradesh Court Fees and Suits Valuation Act, 1956 - Section 37 -Interpretation of - Whether it authorizes the valuation of the suit on the basis of the sale consideration mentioned in the sale deed or to be valued on the basis of the market value of the property as on the date of presentation of the plaint for the purpose of Court Fee and jurisdiction.