“When there is a comprehensive remedy of arbitration clause under
the Regulations, a case which is of civil dispute cannot be converted into
a criminal dispute, it would be an abuse of the process of law.”
It is the prerogative of the authority issuing the tender to lay down the
conditions as per its requirement, but the conditions should not be arbitrary or
impracticable so as to restrict participation of intending bidders.
The participation of women in the work force is
not a matter of privilege, but a constitutional
entitlement protected by Articles 14, 15 and 21 of
the Constitution; besides Article 19(1) (g).
Child adoption/child care leave is not just a benefit
but a right that supports the fundamental need of a
woman to take care of her family.
Female Officers/employees of the Indian Institute
of Management are entitled for Child Adoption
Leave as per Rule 43-B of the Central Civil
Services (Leave) Rules 1972, as the HR Policy of
IIM, Raipur, is silent on this aspect.
A fundamental right under Articles 19/21 can be
enforced even against persons other than the State
or its instrumentalities.
Conviction can very well be based on the unrebutted and consistent
evidence of prosecutrix corroborated by other evidence.
Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of
her statement, the Court should find no difficulty to act on the
testimony of the victim of sexual assault alone to convict an
accused where her testimony inspires confidence and is found to
be reliable.
Testimony of a child witness has to be carefully scrutinised before
the same is believed by the Court and if the Court finds it to be reliable,
trustworthy and truthful, then the same would not be discarded on the
mere premise that the witness happens to be a child witness and once
the testimony of the child witness is corroborated by other evidences on
record, then the same would be admissible.
Order 17 Rule 1 CPC - Speedy justice, timely justice and
timely delivery of justice are legal rights of a litigant. Courts
can grant time and adjourn the hearing of a case if sufficient
cause is shown but it is limited to a maximum of three times.
Order 16 Rule 2 CPC – It is open to the parties to summon the
witness or without applying the summons, bring the witness to
lead evidence or to produce documents subject to relevancy.
Compassionate appointment is a concession, not a right. Once accepted, no
claim for change or upgradation of post is permissible. Judicial review in such
matters is limited.
In a case of murder, conviction should be based on such
evidence which is admissible in the Court and this should be
done on the basis of direct and circumstantial evidence even in
the event of non-recovery of the dead body.
“ Employee involved himself in a crime but acquitted later is not
entitled to back-wages, as he had disabled himself for rendering
the service on account of conviction or incarceration in jail.”
Recovery from pension cannot be made on the basis of show cause notice however, it can be ordered if, in any departmental or judicial proceedings the employee concerned found guilty.
The Court while exercising power under Section 33 of the Indian Stamp
Act, 1899 may refer the document to decide the issue as to whether the
document is duly stamped or not. The legislature has conferred the
power to the Court to adjudicate proper stamp duty and penalty while
impounding the document & bar of Limitation contemplated in Section
48 B of the Act, 1899 would not attract.
Common object of the unlawful assembly can be gathered from
the nature of the assembly, arms used by them and the behaviour of
the assembly at or before the scene of occurrence. It is an inference to
be deduced from the facts and circumstances of each case.
If an appointment has been made initially by nomination,
there can be no violation of any provision of the Constitution in
case the legislature authorised the State Government to terminate
such appointment at its pleasure and to nominate new members in
their place.
The evidence of injured witness cannot ordinarily be
doubted on account of minor contradictions and conviction can
be based upon such evidence subject to corroboration with other
incriminating factors.
Even if there is any sort of procedural irregularity with respect to
non-compliance of
Standing Order No.1/89 issued by the Central Government and delay or deviation
from Section 52A of the NDPS Act, the same will not by itself fatal to the case of
prosecution if recovery and seizure of contraband from the possession of the
appellant is established from other evidence.
When a child in conflict with law is tried as an adult for any serious
offence
for which the sentence prescribed is life sentence, the same can very well
be awarded subject to the restraint that it may be awarded with possibility
of release, and not otherwise.
The offences under the Atrocities Act can only be attracted if it is
proved beyond reasonable doubt that the offence has been
committed on a member of Scheduled Caste or Scheduled Tribe
community knowing that such person belongs to the said community.
The auction sale can be quashed if the auction proceeding smells the fraud
and collusion.
A "related" witness, who may be naturally present at the
scene of the crime, his testimony should not be dismissed simply
because of his relationship to the victim and the Court must assess
the reliability, consistency, and coherence of his statement rather
than labelling him as untrustworthy.
Before awarding capital punishment, the Court has to strike
a balance between the aggravating and mitigating circumstances
viz. mental and emotional condition, age, possibility of
reformation and rehabilitation of the accused, brutality and the
manner in which the offence is committed, which makes the case
fall under the category of rarest of rare case and death penalty
would be the only appropriate and meaningful sentence.
In absence of any definitive evidence of ‘last seen’ and also the proximity
of time
gap between last seen and recovery of dead body, the ‘last seen’ theory cannot be
invoked when there is no other corroborative evidence to shift the onus of the
accused under Section 106 of the Indian Evidence Act, 1872.
Where there is two view possible, the view which is in favour of the
accused,
should be taken into consideration.
According to the provisions of Section 7A of the Employees’ Provident Funds
and Miscellaneous Provisions Act, 1952, employees engaged by contractors for
loading/unloading, cannot be treated employees of the establishment, in the
absence of cogent evidence and an enquiry under Section 7A of the Act, 1952.
The Courts should be reluctant in interfering with contracts involving
technical issues as the Courts lack the necessary expertise to adjudicate
upon such issues. The approach of the Court is not to find fault with the
decision of the authority issuing tender, instead the Court should examine
as to whether the decision-making process was after complying with the
procedure contemplated under the tender conditions.
The inference of common object has to be drawn from various factors such as
weapon used, their movement, the act of violence and the result, and the person who were the members of
such unlawful assembly, all of them are vicariously liable for the act of such unlawful assembly
irrespective of their individual act.
Trivial discrepancies would not made the evidence of eye witness unbelievable as mathematical niceties
cannot be expected from a witness after
lapse of some time of the incident
Where there is plurality of Dying Declaration, each of them has to be
separately assessed, and evaluated, and the one which is found to be voluntary, reliable, and made in fit
mental condition under the surrounding facts and circumstances of the case, it can be relied upon without
any corroboration.
The report of the occurrence was dictated by the deceased
herself with respect to the transaction which resulted in her
death is admissible under Section 32 of the Indian Evidence
Act, 1972 as a Dying Declaration.
The Court can rely upon the testimony of a minor witness and
it can form the basis of conviction if the same is credible, truthful and
is corroborated by other evidence brought on record.
When considering the evidence of a victim subjected to a sexual
offence, the Court does not necessarily demand an almost
accurate account of the incident. Instead, the emphasis is on
allowing the victim to provide her version based on her
recollection of events, to the extent reasonably possible for her to
recollect.
If the totality of the circumstances appearing on the record of the
case discloses that the prosecutrix does not have a strong motive to
falsely involve the person charged, the Court should ordinarily have no
hesitation in accepting her evidence.
A conspiracy is always hatched in secrecy and it may be difficult to
adduce direct evidence of the same and the prosecution will often rely
on evidence of acts of various parties to infer that they were done in
reference to their common intention. The conspiracy can be
undoubtedly proved by such evidence direct or circumstantial.
The minimum qualification of B.Ed fixed by the NCTE under the National
Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as an
Education Teacher and Physical Education Teacher in Pre-primary, Primary, Upper primary, Secondary, Senior
secondary or Intermediate schools or Colleges) Regulations, 2014 for recruitment of Teacher (Agriculture)
in Higher Secondary Schools, is prevailing over the Chhattisgarh School Education Service (Educational and
Administrative Cadre) Rules, 2019 and the State Government cannot dilute the said requisite qualification
of B.Ed for recruitment on the said post.
The non-compliance of Rule 10 and 11 of the NDPS Rules/Standing Order No.
1/89 issued by the Central Government and delay or deviation from Section 52-A of the NDPS Act, will not
by itself fatal to the case of prosecution if recovery and seizure of the contraband from the possession
of the accused is clearly established from other evidence in its cumulative effect.
If the Rules made for general good, causes hardship to an individual, the
same could not be a ground for striking down the said Rules.
The statutory authority is entitled to frame the statutory rules laying
down the terms and conditions of service as also the qualifications
essential for holding a particular post.
The confession given by one accused is not substantial
evidence against the other accused and can be used against the other
accused only when other evidence is available against the other
accused and the Court feels that the confession of crime should be
used to support the other evidence, only then the confession of crime
can be used against the other accused.
Once a dying declaration is found to be authentic inspiring
confidence of the Court, then the same can be relied upon and can be
the sole basis for conviction without any corroboration.
In case of serious doubt as to whether victim / deceased was in
fit state of mind to make dying declaration and in absence of certificate
of doctor, it would be unsafe to convict an accused on the basis of
dying declaration for offence under Section 302 of the IPC.
Application filed under Order 7 Rule 14 CPC should be
allowed if application indicates exceptional circumstances as
it is not a hollow formality.
Three ingredients are requires for the offence of Section 364-A I.P.C., one
is
kidnapping or abduction, second is threat of death coupled with the demand of
money and thirdly when the demand is not made, then causing death or hurt and if
all these three ingredients are available that will constitute the offence under Section
364-A of I.P.C. and in absence of any one of the mandatory conditions the accused
cannot be convicted.
Holder of an office ‘under pleasure of the Government’
could be removed at any time without notice, without
assigning cause and without there being a need for any
cause.
In cases of homicidal death, if both intent and knowledge
are present, the offence would fall under Section 304 Part-I of
the IPC, however, if the act is committed with knowledge but
without the intent to cause death or bodily injury likely to result
in death, it would be classified under Section 304 Part-II of IPC.
Retrospective seniority cannot be given to an employee from a date when he
was not even borne in the
cadre, nor can seniority be given with retrospective effect as that might adversely affect others.
While considering the mixture of narcotic drugs or psychotropic
substance for the purpose of determining whether it would constitute
“small quantity or commercial quantity”, not only the quantity of ‘offending
drug’ but the quantity of ‘neutral substance’ mixed should also be taken
into consideration.
The Evidence of a child witness is not required to be rejected per se, but
the court as a rule of prudence considers such evidence with close
scrutiny and only on being convinced about the quality thereof and
reliability can record conviction, based thereon.
The conviction can be based on testimony of the victim, who is a
minor, supported by other corroborative piece of evidence led by the
prosecution.
Ordinarily the Court should not interfere with the invocation or
encashment of a Bank guarantee so long as the invocation is in terms
of the Bank guarantee.
Delay, laches and acquiescence is an important factor which has to be borne
in
mind while deciding a claim especially when the claim is sought to be made
applicable with retrospective effect.
The power to remit a sentence considering gravity and nature of offence is
discretionary, but must stand
the scrutiny of Article 14 and 21 of the Constitution of India.
A person shall have no locus standi to file a writ petition if he is not
personally affected by any
order/action or his fundamental rights invaded or violated.
A rape victim's prayer for termination of pregnancy
can be allowed because such pregnancy causes
grave injury to the mental health of the pregnant
woman, as she cannot be compelled to give birth to
a child of rapist.
Capital punishment can only be awarded in very exceptional and rarest
of the rare cases, which is lacking in present case, accordingly, death
sentence awarded to the appellant is commuted to imprisonment for life by
directing that the life sentence must extend to the imprisonment for
remainder of natural life of the appellant.
Ombudsman under the ‘MGNREG Act’ is amenable to RTI Act,2005.
Procedural defects and irregularities which are curable should not be allowed to defeat substantive
rights or to cause injustice.
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