III (2012) SLT 464
Constitutional Law — When provisions of Constitution are treated valid with certain conditions or riders, it becomes incumbent on part of State to appreciate and apply test so that its amendments can be tested and withstand scrutiny on parameters laid down therein — Vesting of power by an enabling provision may be constitutionally valid and yet ‘exercise of power’ by State in a given case may be arbitrary, if State fails to identify and measure backwardness and inadequacy keeping in mind efficiency of service as required under Art. 335 — State has to form its opinion on quantifiable data regarding adequacy of representation.
III (2012) SLT 455
“Fiduciary Capacity” — It implies a relationship that analogous to relationship between a trustee and beneficiaries of trust — Expression is in fact wider in its import for it extends to all such situations as place the parties in positions that are founded on confidence and trust on one part and good faith on the other.
III (2012) SLT 417
Dishonour of Cheque — Liability for prosecution of authorised signatory of company — One cannot be oblivious of fact that company is a juristic person and it has its own respectability — If a finding is recorded against it, it would create a concavity in its reputation — There can be situations when corporate reputation is affected when director is indicted — Maintaining prosecution under Section 141 of Act, arraigning of a company as an accused is imperative.
III (2012) SLT 435
Framing of Issues — Very important stage of civil trial — It is imperative for a Judge to critically examine pleadings of parties before framing of issues.
III (2012) SLT 417
Jurisprudence — It is the bounden duty of Court to ascertain for what purpose the legal fiction has been created — It is also the duty of Court to imagine the fiction with all real consequences and instances unless prohibited from doing so.
III (2012) SLT 417
Negotiable Instruments Act, 1881 — Section 141 — Offences by Company — It makes other person vicariously liable for commission of offence on part of company — Vicarious liability gets attracted when condition precedent laid down in Section 141 of Act stands satisfied — There can be no dispute that as the liability is penal in nature, a strict construction of provision would be necessitous and, in a way, the warrant.
III (2012) SLT 435
Pleadings — Purity of pleadings in civil cases — Immense importance and relevance of purity of pleadings reiterated by this Court — Pleadings need to be critically examined by Judicial Officers or Judges both before issuing ad interim injunction and/or framing of issues.
III (2012) SLT 435
Restitution and Mesne Profits — Large number of cases are filed on false claims or evasive pleas are introduced by defendant to cause delay in the administration of justice — This can be sufficiently taken care of if Courts adopt realistic approach granting restitution — Court must effectively discourage fraudulent and dishonest litigants.
III (2012) SLT 417
Words and Phrases — Negotiable Instruments Act, 1881 — Section 141 — ‘Deemed’ — Word ‘deemed’ used in Section 141 of Act applies to company and persons responsible for acts of company — It crystalises the corporate criminal liability and vicarious liability of person who is in charge of company.
III (2012) SLT 411
Motor Accident Claims — Deduction towards personal expenses — Self-employed — Impossible for a person whose monthly income is Rs. 1,500/- to spend 1/3rd on himself leaving 2/3rd for family consisting of five persons— Ordinarily, suchapersonwould,atbest, spend 1/10th of his income on himself or use that amount as personal expenses and leave the rest for his family.
III (2012) SLT 411
Motor Accident Claims — Person who is self-employed or engaged on fixed wages will also get 30% increase in his total income over a period of time and if he/she becomes victim of accident then same formula deserves to be applied for calculating amount of compensation.
III (2012) SLT 411
Motor Accident Claims — Dependants — No reason to assume that sons who had become major can no longer be regarded as dependant on deceased.
III (2012) SLT 385
Murder — Once there is no motive and accused himself had taken deceased to hospital, shows that he had no intention to commit crime, much less to give a shot, which would inevitably result in death of deceased.
III (2012) SLT 370
Constitution of India, 1950 — Articles 21A, 19(1)(g) — Right to free and compulsory education — Education is a recognised head of “charity” — If an educational institution goes beyond ‘charity’ into commercialization, it would not be entitled to protection of Article 19(1)(g).
III (2012) SLT 370
Constitutional Law — Fundamental rights need to be interpreted in light of directive principles of State policy — When Courts are required to decide whether impugned law infringes fundamental right, Courts need to ask question whether impugned law infringes a fundamental right within the limits justified by directive principle or whether it goes beyond them.
III (2012) SLT 370
Right of Children to Free and Compulsory Educ ation Act, 2009 — Section 12(1)(c) — Constitution of India, 1950 — Articles 19(1)(g), 19(6), 21, 21A — Non-minority’s right to establish and administer unaided educational institution — Right to establish and administer educational institution is a fundamental right as long as activity remains charitable under Article 19(1)(g) — Since under Article 19(1)(g) right is not an absolute right as Article 30(1), the 2009 Act cannot be termed as reasonable — To put an obligation on unaided non-minority school to admit 25% children in Class I under Section 12(1)(c) cannot be termed as unreasonable restriction.
III (2012) SLT 370
Right of Children to Free and Compulsory Educ ation Act, 2009 — Section 12(1)(c), 2(n)(iv) — Constitution of India, 1950 — Article 14, 11 — Right to free and compulsory education — State to access network of schools including non-minority schools — Test of classification — Test of reasonableness — Section 12(1)(c) provides for level playing field in matter of right to education to children who are prevented from accessing education because they do not have the means to pay their fees — Section 12(1)(c) satisfies test of reasonableness apart for test of classification in Article 11.
III (2012) SLT 370
Right of Children to Free and Compulsory Educ ation Act, 2009 — Section 12(1)(c), 18(3) — Constitution of India, Articles 21A, 29(2), 30(1) — Validity of Act, 2009 qua unaided minority schools — Article 29(2) applies when an individual is denied admission into educational institution maintained or aided by State — Act, 2009 is enacted to remove barriers which restrict-access to education Act, 2009 is constitutionally valid qua aided minority school — Sections 12(1)(c) and 18(3) of Act, 2009, infringes fundamental freedom guaranteed to unaided minority schools in Article 30(1) — By applying principle of severability, Act, 2009 does not apply to ‘Unaided Minority School’.
III (2012) SLT 364
Civil Procedure Code, 1908 — Order 8 Rule 10 — Written Statement — In a case where written statement has not been filed, Court should be little more cautious in proceeding under Order 8 Rule 10, CPC — Before passing a judgment, it must ensure that even if facts set out in plaint are treated to have been admitted, judgment and decree could not possibly be passed without requiring him to prove fact pleaded in plaint.
III (2012) SLT 354
Criminal Trial — Principle of Issue Estoppel — Where an issue of fact has been tried by Competent Court on an earlier occasion and finding recorded in favour of accused, such a finding would constitute an estoppel or res judicata against prosecution — This rule is distinct from doctrine of double jeopardy as it does not prevent trial of any offence but only precludes evidence being led to prove a fact in issue as regards which evidence has already been led and specific finding recorded at an earlier criminal trial.
III (2012) SLT 354
Legal Maxim — “Nemo debet bis punire pro uno delicto” — Meaning of — No one ought to be twice punished for one offence.
III (2012) SLT 354
Plea of “Autrefois Acquit”/“Autrefois Co nvic t” — Foundation for the rule against double jeopardy provides foundation for plea of autrefois acquit and autrefois convict — Person must not be put to peril twice for the same offence — Plea of “Autrefois Acquit” is not proved unless it is sham that verdict of acquittal of previous charge necessarily involves acquittal of latter.
III (2012) SLT 312
Juveniles — Accused who has taken plea of juvenility merely as an effort to hide his real age so as to create a doubt in the mind of Courts below cannot avail benefit of juvenile merely by adopting principle of benevolent legislation.
III (2012) SLT 312
Juveniles — Determination of Age — While considering the relevance and value of medical evidence, doctor’s estimation of age, although not a sturdy substance of proof, such opinion based on scientific medical test like ossification and radiological examination will have to be treated as a strong evidence having corroborative value while determining age of alleged juvenile accused.
III (2012) SLT 312
Juveniles — Principle of benevolent legislation — Grant of benefit — Apply only to such cases wherein accused is held to be juvenile on basis of prima facie evidence regarding his minority — Benefit can be given to only those who undoubtedly have been held to be a juvenile which leaves no scope for speculation about age of alleged accused.
III (2012) SLT 260
FAST TRACK COURTS Scheme — States which are in the process of taking a policy decision on whether or not to continue FAST TRACK COURTS Scheme as a permanent feature of administration of justice in respective States are free to take such decisions — All the persons appointed by way of direct recruitment from Bar as Judges to preside over FAST TRACK COURTSs under FAST TRACK COURTS Scheme shall be entitled to be appointed to regular cadre of Higher Judicial Services of respective State only in the manner laid down by this Court.
III (2012) SLT 260
Judicial Review — Courts have repeatedly taken view that they would not refuse to adjudicate upon policy matters framed by Government, if policy decisions are arbitrary, capricious or mala fide.
III (2012) SLT 260
Service Law — Right to a post is not a fundamental right but is civil or statutory right — Creation of post, absorption and payment of salaries on regular pay scales are purely executive functions — Under doctrine of separation of powers these functions were left to executive.
III (2012) SLT 260
Service Law — Three kinds of posts that may exist in a cadre viz., permanent posts, temporary posts, quasi-permanent posts — It is only permanent employee who has a right to continue in service till the age of superannuation — As regards temporary employee, there is no age of superannuation because he has no right to the post at all.
III (2012) SLT 260
Writ of Mandamus — Can be issued, not as regards manner of discharge of public duty but with respect to due exercise of discretion in course of such duty — It is the Constitutional duty of this Court to ensure maintenance of independence of judiciary as well as effectiveness of Justice Delivery System in country.
III (2012) SLT 255
Administration of Justice — Statutory authorities are under legal obligation to decide appeal and revision dealing with grounds taken in appeal/revision, etc., otherwise it would be a case of non-application of mind.
III (2012) SLT 255
Legal Maxim — “Nulla poena sine lege” — A person should not be made to suffer penalty except for a clear breach of existing law.
III (2012) SLT 255
Service Law — Vagaries of employer to say ex postfacto that some acts of omission or commission nowhere found to be enumerated in the relevant rules is nonetheless a misconduct.
III (2012) SLT 248
Conviction — Setting aside — Unless lapses on the part of investigation are such as to cast reasonable doubt about prosecution story or seriously prejudice defence of accused, Court will not set aside the conviction.
III (2012) SLT 237
Election Laws — All material facts must be pleaded by party on which relief is founded.
III (2012) SLT 237
Election Laws — If an election petitioner wants to put forth a plea that nomination was improperly rejected to declare an election to be void it is necessary to set out the averments for making out said ground.
III (2012) SLT 237
Election Laws — “Material fact” Section 83(1)(a) of Act or Order 6 Rule 2, CPC — What are the material facts always depend upon facts of each case and no rule of universal application is possible to be laid down in this regard — Election petitioner had disclosed material facts and matter is fit to go for trial.
III (2012) SLT 235
Fabrication of False Evidence — Section 195, IPC makes fabrication of false evidence punishable — It is not necessary that fabrication of false evidence takes place only inside Courts as it can also be fabricated outside the Court though has been used in the Court.
III (2012) SLT 221
Criminal Procedure Code, 1973 — Section 204 — Issuance of Summons — It does not mandate Magistrate to explicitly state reasons for issuance of summons — If in the opinion of Magistrate taking cognizance of offence, there is sufficient ground for proceedings then summons may be issued.
III (2012) SLT 221
Criminal Procedure Code, 1973 — Section 204 — Summoning order requires no explicit reasons to be stated because it is imperative that Magistrate must have taken notice of accusations and applied his mind to allegations made in police report and materials filed therewith.
III (2012) SLT 221
Expression — ‘Cognizance’ — It indicates point when a Court or Magistrate takes judicial notice of offence with a view to initiating proceedings in respect of such offence said to have been committed by someone.
III (2012) SLT 221
‘Summons’ — Person who is summoned is legally bound to appear before Court on given date and time — Wilful disobedience is liable to be punished under Section 174, IPC — It is a ground for Contempt of Court.
III (2012) SLT 207
Limitation Act, 1963 — Object of enactment of Act — Not to destroy rights of parties but to ensure that they approach the Court for vindication of their rights without unreasonable delay.
III (2012) SLT 207
Limitation Act, 1963 — Section 5 — Condonation of Delay — “Sufficient cause” — Meaning of expression — Approach to be followed by Courts — Discussed.
III (2012) SLT 196
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 50 — Seizure of Ganja — Search — No clear communication to accused that they had right to be searched in presence of Gazetted Officer or Magistrate — Concept of substantial compliance cannot be read into provisions of Section 50(1) of NDPS Act.
III (2012) SLT 188
Life Imprisonment — Trial Court rightly held that incident was in the category of rarest of rare cases — This Court is constrained to hold that High Court by rendering judgment which is completely against evidence makes it difficult to re-impose capital sentence at this stage.
III (2012) SLT 184
Inherent Powers of Court — Any order of exemption from personal appearance continues to be in force till it is revoked or recalled — Rejection of application under Section 482, Cr.P.C. resulted in miscarriage of justice to appellant’s petition.
III (2012) SLT 173
Principles of Natural Justice — The haste in which dealership terminated without giving show cause notice and/or opportunity of hearing clearly indicates that entire exercise was carried out by respondent-Corporation on extraneous considerations — Total violation of provisions of law and principles of natural justice
III (2012) SLT 170
Central Excise Duty — Merely because assessee by mistake pays duty on goods which are exempted from such payment, does not mean that goods would become liable for duty under Act.
III (2012) SLT 165
Inherent Powers of Court — Withdrawal of application for withdrawal of suit — Suit for specific performance of agreement of sale of immovable property and possession — Mere existence of power does not justify exercise of power.
III (2012) SLT 155
Motor Vehicles Act — Sections 163A, 166 — Award of Compensation — Principles — Victim of accident or his dependants have option either to proceed under Section 166 of Act or under Section 163A of Act — Once they approach Tribunal under Section 166 of Act, they have necessarily to take upon themselves the burden of establishing negligence of driver or owner of vehicle concerned — But if they proceed under Section 163A of Act, compensation will be awarded in terms of schedule without calling upon victim or his dependants to establish any negligence or default on part of owner of vehicle or driver of vehicle.
III (2012) SLT 143
Land Acquisition — Acquisition of land for public purpose like residential scheme — Resort to urgency provision under Section 17 unwarranted and unjustified — No material is available on record that justifies dispensation of inquiry under Section 5A of Act — Use of power of urgency under Section 17(1) and (4) of Act does not result in elimination of inquiry under Section 5A.
III (2012) SLT 139
Forest Law — Ivory is not a “forest produce” coming under Section 2(b) of Act — No forest offence can be said to have been committed under Section 2(e) of Kerala Forest Act, 1961.
III (2012) SLT 127
Criminal Procedure Code, 1973 — Section 438 — Anticipatory bail — Can be granted only in exceptional circumstances where Court is prima facie of view that applicant has falsely been enroped in crime and would not misuse his liberty.
III (2012) SLT 127
Criminal Procedure Code, 1973 — Section 438 — Anticipatory bail — Court may not exercise its discretion in derogation of established principle of law, rather it has to be in strict adherence to them — Discretion has to be guided by law, duly governed by rule and cannot be arbitrary, fanciful or vague.
III (2012) SLT 127
FIR — In a criminal case FIR is a valuable vital piece of evidence though may not be substantive piece of evidence — Promptness in lodging FIR is an assurance regarding truth of informant’s version.
III (2012) SLT 114
Amendment of Pleadings — While deciding application for amendment ordinarily Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments.
III (2012) SLT 105
Criminal Procedure Code, 1973 — Section 362 — Probation — Provisions of Section 362, Cr.P.C. puts a complete embargo on Criminal Court to reconsider any case after delivery of judgment as Court becomes functus officio.
III (2012) SLT 105
Review Petition — Party cannot file a review petition before High Court after approaching Supreme Court as it would amount to abuse of process of Court.
III (2012) SLT 89
Administrative Law — State and/or its agency/instrumentality cannot transfer public property or interest in public property in favour of private person by negotiations or in a like manner.
III (2012) SLT 82
Contempt of Courts Act, 1971 — Section 19 — Appeal — Seniority — Grant of from date of appointment on respective posts in DGS and D prior to transfers to Railways — Contempt of Court by Tribunal against appellants (defendants/contemnors for not being satisfied with report filed by department — Appeal filed by appellants before this Court against order of Tribunal maintainable.
III (2012) SLT 76
Civil Procedure Code, 1908 — Section 47, Order 21 — Execution of Decree — Premature filing of an execution would not entail its rejection — Decree has not lost its executability having been filed on a premature date — Executing Court did not commit any error by entertaining execution petition.
III (2012) SLT 61
Appeal to Supreme Court — Question whether an appeal lies to Supreme Court and, if, so, in what circumstances and against which orders and on what conditions is a matter to be seen in the light of provisions of each such enactment having regard to context and other clauses appearing in the Act.
III (2012) SLT 61
Armed Forces Tribunal — “Subject to”— Expression conveyed the idea of a provision yielding place to another provision or other provisions to which it is made subject.
III (2012) SLT 61
Interpretation of Statutes — Every clause of a statute should be construed with respect to context and other clauses of Act, so far as possible to make consistent enactment of the whole statute or series relating to subject.
III (2012) SLT 61
Interpretation of Statutes — Legislature does not waste words — Each word used in the enactment must be allowed to play its role howsoever significant or insignificant same may be in achieving legislative intent and promoting legislative object.
III (2012) SLT 37
Constitution of India, 1950 — Article 12 — “State” — Cannot be conceived of simply as a coercive machinery wielding the thunderbolt of authority — Now the Government is a regulator and dispenser of special services and provides to large public benefits including jobs, contracts, licences, quotas, mineral rights, etc. — Law has also recognised changing character of Governmental functions and need to protect individual interest as well as public interest.
III (2012) SLT 37
Evidence — Presumption — Rebuttal — Evidence required to rebut statutory presumption ought to be clear and convincing, no matter degree of proof may not be as high as proving fact to the contrary beyond reasonable doubt.
III (2012) SLT 37
Practice and Procedure — No litigant can ask for guidelines from Court or statutory body as to evidence which party should adduce to substantiate its claim.
III (2012) SLT 37
Practice and Procedure — Party who has had ample opportunity before authorities below, to substantiate its claim cannot have luxury of either producing material for the first time in Supreme Court or ask for remand to enable it to do what it ought to have done at appropriate stage.
III (2012) SLT 26
Central Excise Tariff Act, 1985 — Section 11A r/w Rule 9(2) of Central Excise Rules, 1944 — Rules 173B, 173Q — In a classification dispute, an entry which is beneficial to assessee requires to be applied.
III (2012) SLT 24
Legal Maxim — ‘Actus curiae neminem gravabit’ — Act of the Court shall not harm anybody. — Margret
III (2012) SLT 5
Land Acquisition — Deduction for development cost has to be made only where value of small residential/commercial/industrial plot of land in developed layout is made the basis for arriving at market value of nearly large tract of undeveloped agricultural land.
III (2012) SLT 5
Land Acquisition — Even where there are several exemplars with reference to similar lands, usually highest of the exemplars, which is bona fide transaction, will be considered — Where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be taken as representing market value.
III (2012) SLT 1
Cognizance of Offence — Prosecution of offences under Section 498A, IPC — Bigamy, Cruelty, Criminal Intimidation, Abetment — Court can take cognizance even on police report.
II (2012) SLT 753
Due Process of Law — Meaning of — No body ought to be condemned unheard — Due process of law means a person in settled possession will not be dispossessed except by due process of law.
II (2012) SLT 753
Framing of issue — On vague pleadings, no issue arises — Only when he so establishes, does the question of framing an issue arise — Framing of issue is an extremely important stage in civil trial.
II (2012) SLT 753
Injunction — Mandatory injunction — No one can take law in his own hands — Even a trespasser in settled possession cannot be dispossessed without recourse of law — Court’s primary concern has to be to do substantial justice.
II (2012) SLT 753
Pleadings — Foundation of litigation — In pleadings, only necessary and relevant material must be included and unnecessary and irrelevant material must be excluded.
II (2012) SLT 753
Possession — Possessory suit is good against whole world except the rightful owner — It is not maintainable against true owner.
II (2012) SLT 753
Truth as Guiding Star in Judicial Process — Truth alone has to be the foundation of justice — Judges at all levels have to seriously engage themselves in journey of discovering the truth.
II (2012) SLT 741
Doctrine of Promissory Es topp el — Said doctrine is founded on principles of equity and to avoid injustice — Said principles cannot be soundly embedded or treated to be sacrosanct when a public authority carries out representation or promise which is prohibited in law or devoid of authority of law.
II (2012) SLT 741
Doctrine of Public Policy — Said doctrine becomes enforceable when an action affects or offends public interest or where injury to public at large is manifest.
II (2012) SLT 730
“Equivalent” — Meaning of expression — Some degrees of flexibility or adjustment which do not lower stated requirement.
II (2012) SLT 727
Criminal Procedure Code, 1973 — Sections 200, 202, 319 — Proceedings against person appearing guilty of offence — Sessions Court cannot add a new person to array of accused in a case pending before it at a stage prior to collecting any evidence.
II (2012) SLT 723
Administrative Law — Court can neither legislate nor issue a direction to Legislature to enact in a particular manner.
II (2012) SLT 723
Constitution of India , 1950 — Arts. 13(3)(a), 32 — Right to fly National Flag is fundamental right — Whether on particular event particular person has shown any kind of disrespect to National Flag — Cannot be examined in petition under Art. 32 of Constitution.
II (2012) SLT 676
Advocates Act, 1961 — Sections 29, 30, 33 — Right to practise is a statutory right given to an Advocate and an Advocate alone is the person who can practise before Courts, Tribunals, authorities and persons — But this statutory right is regulated by conditions.
II (2012) SLT 676
“Bias” — Must be shown to be present — Probability of bias, possibility of bias, and reasonable suspicion that bias might have affected decision are terms of different connotations.
II (2012) SLT 676
Principles of Statutory Interpr eta tion — Have been expanded — With the development of law, it is desirable that Courts should apply latest tools of interpretation to arrive at a more meaningful and definite conclusion.
II (2012) SLT 676
Right to Pr acti se Law — Statutory right — This right itself is restricted one — It is controlled by provisions of Advocates Act, 1961 as well as rules framed by Bar Council in that Act.
II (2012) SLT 676
Rule of R etr o spec tive Cons truc tion — Not applicable merely because a part of requisites for its action is drawn from a time antecedent to passing of relevant law.
II (2012) SLT 676
Statutory Right and Fundamental Right — Statutory right cannot be placed at a higher pedestal to fundamental right — Even a fundamental right is subject to restriction and control.
II (2012) SLT 665
Criminal Procedure Code, 1973 — Section 154 — Information in cognizable cases — Section 154, Cr.P.C. enables Court in its discretion, to permit the person, who calls a witness, to put any question to him which might be put in cross-examination by adverse party.
II (2012) SLT 665
Evidence — Hostile witnesses — Relied upon by prosecution to the extent to which it supports prosecution version of incident — Evidence of such witnesses cannot be treated as washed off the records, it remains admissible in trial — No legal bar to base conviction of accused upon such testimony, if corroborated by other reliable evidence.
II (2012) SLT 665
Evidence Act, 1872 — Section 32 — Dying Declaration — Can be acted upon without corroboration and can be made basis of conviction.
II (2012) SLT 665
Evidence Act, 1872 — Section 32 — Dying Declaration — Principles of admissibility — Relevant points to be taken into consideration by Court.
II (2012) SLT 665
Principle of Criminal Jurisprudence — Part which has been allowed to be cross-examined can also be relied upon by prosecution.
II (2012) SLT 629
Indian Succession Act, 1925 — Section 63(c) — Will — Proof of Section 63(c) does not contain any such requirement that both the attesting witnesses required to append their signatures simultaneously — Examination of one of the attesting witnesses is sufficient.
II (2012) SLT 584
Auction — Method of — Grant of Licence — Award of contract — Permission to use public property — State is duty-bound to adopt the method of auction by giving vide publicity so that all eligible persons can participate in process.
II (2012) SLT 584
Constitution of India, 1950 — Articles 14, 38, 39(b), 48, 48A, 51A(g) — Distribution of natural resource — Powers of State — State is bound to act in consonance with principles of equality and public trust and ensure that no action is taken which may be detrimental to public interest — State is the legal owner of natural resources as a trustee of people and although it is empowered to distribute the same, process of distribution must be guided by constitutional principles including doctrine of equality and larger public good.
II (2012) SLT 584
First-come-first Served Policy — Award of contract — Permission to use public property — Fundamental Flaw.
II (2012) SLT 565
Appeal against Acquittal — It may not be quite appropriate for High Court to merely record that judgment of trial Court was perverse without specifically dealing with facets of perversity relating to issues of law and appreciation of evidence, as otherwise such observations of High Court may not be sustainable in law.
II (2012) SLT 565
Appeal against Acquittal — There is presumption of innocence in favour of accused and that presumption is reinforced by order of acquittal recorded by trial Court — It is for Appellate Court to keep in view relevant principles of law to re-appreciate and re-weigh evidence as a whole and to come to its own conclusion on such evidence, in consonance with principles of criminal jurisdiction.
II (2012) SLT 565
Criminal Jurisprudence — Right to fair trial and presumption of innocence are twin essentials of administration of criminal justice — Element of perversity should be traceable in findings recorded by Court, either of law or of appreciation of evidence.
II (2012) SLT 565
Evidence — Hostile Witness — It is not always necessary that wherever witness turned hostile, prosecution case must fail.
II (2012) SLT 565
Evidence — It is not the number of witnesses that matters but it is the substance — It is also not necessary to examine large number of witnesses if prosecution can bring home guilt of accused even with limited number of witnesses.
II (2012) SLT 565
Evidence — Police Officer — Sole witness — Determination — Police Officer can or cannot be sole eye-witness in criminal case — It will always depend upon facts of given case — If testimony of such witness is reliable, trustworthy, cogent, and duly corroborated by other witness or admissible evidences, then statement of such witness cannot be discarded only on ground that he is a Police officer and may have some interest in success of case.
II (2012) SLT 548
Judicial Review — Public interest litigation before this Court has to fall within contours of constitutional law, as no jurisdiction is wider than this Court’s constitutional jurisdiction under Article 32 of Constitution.
II (2012) SLT 542
Practice and Procedure — Pendency of a reference to Larger Bench, does not mean that all other proceedings involving the same issue would remain stayed till decision was rendered in the reference.
II (2012) SLT 533
Service Jurisprudence — When order of compulsory retirement is challenged in a Court of Law, Court has the right to examine whether some ground or material germane to issue exists or not — Court is not interested in sufficiency of material upon which order of compulsory retirement rests.
II (2012) SLT 518
Circumstantial Evidence — Circumstances have to be examined cumulatively — Court has to examine complete chain of events and then see whether all material facts sought to be established by prosecution to bring home guilt of accused, have been proved beyond reasonable doubt or not.
II (2012) SLT 518
Death Sentence — Rape of minor — Murder — Unnatural offences — Rarest of rare cases — Aggravating and mitigating circumstances — Crime committed by accused is heinous — It is not heinous simplicitor but is a brutal and inhuman crime where a married person, aged 31 years, chooses to lure three years old minor girl, child on pretext of buying her biscuits and then commits rape on her.
II (2012) SLT 518
Last Seen Theory — Principle — Once evidence had successfully shown that accused was last seen with minor girl, it was for accused to explain circumstances.
II (2012) SLT 518
Practice and Procedure — Evidence has to be read in its entirety — If there are serious loopholes or lacking in the case of prosecution and they do not prove that accused is guilty, then Court would be justified in giving benefit of doubt to accused on the strength of weak FSL report.
II (2012) SLT 485
Administration of Justice — Under the garb of being necessary party, a person cannot be permitted to make a case as that of general public interest — A person cannot be heard as a party unless he answers description of aggrieved party.
II (2012) SLT 485
Constitution of India , 1950 — Arts. 21, 243B — Removal of Elected Office Bearer — Removal of duly elected member on basis of proved misconduct is a quasi-judicial proceeding in nature — Principles of natural justice require fair opportunity of defence to such an elected office bearer.
II (2012) SLT 485
Constitution of India , 1950 — Arts. 32, 226, 227 — It is not permissible to destroy any of the basic features of Constitution even by any form of amendment — It is beyond imagination that it can be eroded by executive on its whims without any reason.
II (2012) SLT 485
Legal Right — Is an averment of entitlement arising out of law — In fact, it is a benefit conferred upon a person by rule of law.
II (2012) SLT 485
Malice in Law — “Legal malice” or “malice in law” means something done without lawful exercise — It is a deliberate act in disregard to rights of others — It is an act which is taken with oblique or indirect object.
II (2012) SLT 485
“Misconduct”, “Disgraceful Conduct” — Meaning of — Discussed.
II (2012) SLT 465
Rarest of Rare Cases — Crime is heinous per se may not be sufficient reason for imposition of death penalty without reference to other factors and attendant circumstances — Possibility of death of deceased occurring co-accidentally as a result of gagging her mouth with piece of Saree while committing rape upon her, cannot be ruled out — Accused are neither previous convict nor involved in any other crime — All accused have committed heinous and inhumane crime for satisfaction of their lust, but it cannot be held that this case falls in ‘rarest of rare’ cases.
II (2012) SLT 485
Right to Re aso n — Even in administrative matters, reasons should be recorded as it is incumbent upon authorities to pass speaking and reasoned order — One of the salutary requirements of natural justice is spelling out reasons for order made.
II (2012) SLT 454
Circumstantial Evidence — Circumstances should be conclusive and proved by prosecution — There must be a chain of events so complete as not to leave any substantial doubt in the mind of Court — Inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with innocence of accused or guilt of any other person.
II (2012) SLT 454
Circumstantial Evidence — In a case based on circumstantial evidence, the prosecution must establish chain of events, leading to incident and facts forming part of that chain should be proved beyond reasonable doubt — They have to be definite and cannot be a mere possibility.
II (2012) SLT 454
Criminal Jurisprudence — Accused is innocent till proven guilty and that accused is entitled to a just and fair trial.
II (2012) SLT 412
Civil Procedure Code, 1908 — Order 2 Rule 2 — Suit to include the whole claim — Scope and object of provision — It does not bar second suit based on different and distinct cause of action — Unless defendant pleads bar under Order 2 Rule 2, CPC and an issue is framed focusing parties on that bar to suit, Court cannot examine or reject suit on that ground.
II (2012) SLT 412
Distinction — Res judicata — Suit to include the whole claim — Res judicata relates to plaintiff’s duty to put forth all grounds of attack in support of his claim, whereas Order 2 Rule 2, CPC requires plaintiff to claim all reliefs flowing from same cause of action in single suit.
II (2012) SLT 431
Evidence — While discrepancies in testimony of a witness which may be caused by memory lapses were acceptable, contradictions in testimony were not.
II (2012) SLT 412
Res Judicata — Plea of res judicata is a restraint on the right of plaintiff to have an adjudication of his claim — Plea must be clearly established, more particularly where bar sought is on the basis of constructive res judicata.
II (2012) SLT 412
Res Judicata — Where summons have been issued for settlement of issues and where issues have been settled, Court cannot deny right of parties to lead evidence, unless parties agree.
II (2012) SLT 389
Decree — Preliminary and final — Preliminary decree declares rights and liabilities, but in a given case, decree may be both preliminary and final and decree may be partly preliminary and partly final.
II (2012) SLT 369
Transfer of Cases — Inconvenience cannot be a valid basis for transfer of “criminal proceedings” from one Court to another — If the plea of inconvenience for transferring cases from one Court to another, on the basis of time taken to travel to Court conducting criminal trial is accepted, the provisions contained in Cr.P.C. earmarking the Courts having jurisdiction to try cases would be rendered meaningless — Convenience or inconvenience are inconsequential so far as mandate of law is concerned.
II (2012) SLT 312
Limitation — Delay cannot be condoned mechanically merely because Government or wing of Government is party before this Court — Government departments are under special obligation to ensure that they perform their duties with diligence and commitment.
II (2012) SLT 312
Limitation — Law of limitation binds every body including Government — Condonation of delay is an exception and should not be used as an anticipated benefit for Government Department.
II (2012) SLT 229
Dr. B.S. Chauhan, J.
Constitutional Law — Right to Sleep — Sleep is essential for human being to maintain delicate balance of health necessary for its very existence and survival — Sleep is fundamental and basic requirement without which existence of life itself would be in peril — To disturb sleep, would amount to torture which is now accepted as violation of human right.
II (2012) SLT 229
Swatanter Kumar, J.
Constitutional Law — There has to be balance and proportionality between right and restriction on one hand, and right and duty, on the other — It will create an imbalance, if undue or disproportionate emphasis is placed upon right of citizen without considering significance of duty — The true source of right is duty.
II (2012) SLT 229
Swatanter Kumar, J.
Criminal Procedure Code, 1973 — Section 144 — Nuisance — Power to issue order in urgent cases of nuisance — Reasonable notice is a requirement of Section 144, Cr.P.C. — Existence of sufficient ground is sine qua non for invoking power vested in executive under Section 144, Cr.P.C. — Perception of threat should be real and not imaginary or a mere likely possibility.
II (2012) SLT 229
Swatanter Kumar, J.
Criminal Procedure Code, 1973 — Section 144 — Nuisance — While ‘threat perception’ is considered as a ground for revoking such permissions or passing order under Section 144, Cr.P.C., ‘care perception’ has to be treated as an integral part thereof.
II (2012) SLT 229
Swatanter Kumar, J.
Distinction — “Restriction” and “Prohibition”.
II (2012) SLT 229
Swatanter Kumar, J.
‘Negligence’ — ‘Composite or contributory’ — ‘Negligence’ does not always mean absolute carelessness, but want of such a degree of care as required in particular circumstances.
II (2012) SLT 205
Constitution of India , 1950 — Art. 21 — Speedy Trial — Treatment of victim in criminal jurisprudence based on constitutional paradigm and principle — Speedy trial is inherent and implicit aspect in spectrum of Art. 21 of Constitution — Concept speedy trial cannot be allowed to remain a mere formality — Delay in conclusion of trial has a direct nexus with collective cry of society and anguish and agony of accused.
II (2012) SLT 205
Criminal Jurisprudence — “Failure of Justice” — It has its own connotations in various jurisprudences — Merely because there is any omission, error or irregularity in matter of according sanction that does not affect validity of proceeding unless Court records satisfaction that such error, omission or irregularity has resulted in failure of justice.
II (2012) SLT 205
Criminal Jurisprudence — “Fair trial” is the heart of criminal jurisprudence and, in a way, an important facet of democratic polity and is governed by rule of law — Denial of ‘fair trial’ is crucifixion of human rights.
II (2012) SLT 205
Criminal Procedure Code, 1973 — Sections 6, 193, 465 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(1)(x), 14 — Special Court is essentially a Court of Session — It can take cognizance of offence when case is committed to it by Magistrate in accordance with provisions of Code — Complaint or charge-sheet cannot straightaway be laid down before Special Court under Act.
II (2012) SLT 205
Criminal Procedure Code, 1973 — Sections 6, 193, 465, 207, 209 — Cognizance of Offence by Special Judge under Scheduled Castes and Scheduled Tribes Act — Objection relating to non-compliance of Section 193, Cr.P.C., which eventually resulted in directly entertaining and taking cognizance by Special Judge under Scheduled Castes and Scheduled Tribes Act, does not vitiate trial — On said ground alone, conviction cannot be set aside and there cannot be a direction for retrial.
II (2012) SLT 205
“Per Incuriam” — Decisions given in ignorance or forgetfulness of some inconsistent statutory provision or some authority binding on Court concerned so that in such cases some part of decision or some step in reasoning on which it is based, is found, on that account to be demonstrably wrong.
II (2012) SLT 149
Income Tax Act, 1961 — Sections 80HHC, 80(1), 80(1B), 80(3)(a), 80(baa), 80(baa) Explanation, 28(iiib), 28(iiid), 28(iiie) — Deduction in respect of profits retained for export business — Assessee entitled to deduction under Section 80HHC on export profits, benefit of such deduction cannot be denied to assessee.
II (2012) SLT 95
Negligence — Is a factual issue and can only be established through cogent evidence.
II (2012) SLT 87
Constitution of India , 1950 — Articles 14, 15, 21 vis-a-vis Protection of Women from Domestic Violence Act, 2005 — Sections 31, 33 — Scope and Object.
II (2012) SLT 83
Protection of Women from Domestic Violence Act, 2005 — Sections 12, 18, 19, 20 — Even if a wife, who had shared household in the past, but was no longer doing so when the Act came into force, would still be entitled to protection of Act, 2005.
II (2012) SLT 40
Motive — If the prosecution case is fully established by reliable ocular evidence coupled with medical evidence, the issue of motive loses practically all relevance.
II (2012) SLT 3
Expression — ‘Just’ — It denotes equitability, fairness and reasonableness and non-arbitrary — If it is not so it cannot be just.
II (2012) SLT 1
Mens Rea — Mental condition or state of mind of accused is one of the factors that can be taken into account in considering question of sentence.
II (2012) SLT 1
‘Rarest of Rare’ Cases — Act done out of panic reaction and in a state of frenzy was not one of the rarest of rare cases — Death sentence converted to life imprisonment.
I (2012) SLT 787
Jurisprudence — Rule of Law — Principles — Adequate protection of law must be given to all persons and to give meaning to it, there must exist an unimpeded right of access to justice.
I (2012) SLT 787
Powers of Superintendence — High Court is equally a superior Court of Record with plenary jurisdiction — High Court is not a subordinate Court to Supreme Court under our Constitution.
I (2012) SLT 787
“Access to Justice” — Is vital for Rule of Law, which by implication includes right of access to an Independent Judiciary.
I (2012) SLT 770
Compensation — Grant to victim of crime — Power shall be exercised by Courts having regard to nature of injury or loss suffered by victim as also paying capacity of accused.
I (2012) SLT 753
Evidence — Admission must be clear and unambiguous in order that such an admission should relieve opponent of burden of proof of fact said to have been committed.
I (2012) SLT 751
Rape — Punishment shall not be less than 10 years but which may extend to life and also to fine shows that Legislature intended to adopt strictness in awarding sentence if the victim is below 12 years of age.
I (2012) SLT 732
Compounding of Offence — Is always controlled by statutory provision — Compounding of an offence cannot be indirectly achieved by sanctioning of scheme by Company Court .
I (2012) SLT 732
Judgment — Is always an authority for what it decides — Judgment cannot be read as a statute — It has to be read in the context of facts discussed in it.
I (2012) SLT 647
2G Spectrum Scam:
“Cognizance” — Meaning of expression in legal parlance — “Taking judicial notice by Court of Law, possessing jurisdiction, on a cause or matter presented before it so as to decide whether there is any basis for initiating proceedings and determination of cause or matter judicially”.
I (2012) SLT 647
2G Spectrum Scam:
Corruption — Offence by Public Servant — Grant of sanction for prosecution against respondent No. 2 for misuse of authority and pecuniary gains from corrupt practices — No bar to filing of private complaint for prosecution of public servant and grant of sanction by Competent Authority — Embargo contained in Section 19(1) of 1988 Act operates only against taking of cognizance by Court in respect of offences punishable under Sections 7, 10, 11, 13 and 15 of Act 1988 — Appellant has a right to file complaint for prosecution of respondent No. 2 in respect of offences allegedly committed by him under 1988 Act — There is no provision either in 1988 Act or Criminal Procedure Code, 1973 which bars a citizen from filing complaint for prosecution of public servant who is alleged to have committed offence.
I (2012) SLT 637
Interpretation of Statutes — An illogical result to be normally avoided unless compelled by express language of Act.
I (2012) SLT 547
K.S. Radhakrishnan, J.
Company Law — Corporate veil can be pierced and parent company can be held liable for the conduct of its subsidiary, if the corporal form is misused to accomplish certain wrongful purposes when the parent company is directly a participant in the wrong complained of.
I (2012) SLT 547
S.H. Kapadia, C.J.I.; Swatanter Kumar, J.
Corporate Taxation — ‘A subsidiary and its parent are totally separate and distinct tax-payers for tax treaty purposes’.
I (2012) SLT 547
Corporate Taxation — Revenue may invoke the “substance over form” principles or “piercing the corporate veil” test only after it is able to establish on the basis of facts and circumstances surrounding the transaction that impugned transaction is a sham or tax avoidant.
I (2012) SLT 547
Taxation (Income Tax) — Colourable device cannot be a part of tax planning and it is wrong to encourage the belief that it is honourable to avoid payment of tax by resorting to dubious methods.
I (2012) SLT 547
Taxation (Income Tax) — ‘Look through’ provision — Income accruing or arising to a non-resident outside India on transfer of capital asset situated in India is fictionally deemed to accrue or arise in India, which income is made liable to be taxed by reason of Section 5(2)(b) of Act.
I (2012) SLT 547
Taxation (Income Tax) — Merely because a person is an agent or is to be treated as agent, would not lead to automatic conclusion that he becomes liable to pay taxes on behalf of non-resident.
I (2012) SLT 547
Taxation (Income Tax) — Merely because at the time of exit capital gains tax becomes not payable or exigible to tax would not make the entire ‘share sale’ (investment) a sham or tax avoidant.
I (2012) SLT 547
Taxation (Income Tax) — Off-shore transaction herein is a bona fide structured FDI investment into India which fell outside India ’s territorial jurisdiction, hence not taxable.
I (2012) SLT 547
Words and Phrases — A controlling interest is not an identifiable or distinct capital asset independent of holding of shares — The control of a company resides in the voting power of its shareholders and shares represent an interest of shareholder.
I (2012) SLT 533
Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986 — Rules 6, 7, 7(3) — Disqualification of Members of Legislative Assembly — Ground — They joined BJP after their election to Legislative Assembly as Independent Candidates — Order passed by Speaker not justified but mala fide — Violation of principles of natural justice and passed in undue haste.
I (2012) SLT 529
Arbitration Law — Setting aside arbitration award — Application not made within 3 months of receipt of arbitral award — Appellants not entitled to extension of time under Section 4 of Limitation Act — Period of 30 days beyond 3 months which Court may extend on sufficient cause being shown under proviso to Section 34(3) of 1996 Act is not the ‘period of limitation’ or ‘prescribed period’.
I (2012) SLT 529
Limitation Act, 1963 — Section 4 — ‘Prescribed Period’ — Meaning — Period of limitation computed in accordance with provisions of this Act.
I (2012) SLT 441
Recovery of Loan Amount — Leave to defend — No triable issue made out — Liability of guarantor is co-extensive with borrower.
I (2012) SLT 439
Dishonour of Cheque — Sentence reduced to period already undergone by accused — Mitigating circumstances.
I (2012) SLT 437
Stamp Act, 1899 — Sections 33, 47A — Stamp Duty — Deficiency — Nature of user is relatable to date of purchase and it is relevant for purpose of calculation of stamp duty.
I (2012) SLT 434
Civil Procedure Code, 1908 — Section 9 — Jurisdiction of Civil Court— Civil Court has inherent jurisdiction to try all types of civil disputes unless its jurisdiction is barred expressly or by necessary implication, by any statutory provision and conferred on any other Tribunal or authority.
I (2012) SLT 434
Compromise — Decree alleged to be fraudulent and sought to be declared as nullity, not passed by Civil Court but by Revenue Court — Revenue Courts are neither equipped nor competent to effectively adjudicate on allegations of fraud that has overtones of criminality — Courts really skilled and experienced to try such issues are Courts constituted under CPC.
I (2012) SLT 427
Corruption — Bribery — Lack of sanction for prosecution — Direction to obtain sanction, order reinvestigation of case for third time and refusal to accept closure report — Special Judge committed error of jurisdiction — Amounts to sheer abuse of process of law resulting into vexatious proceeding and harassment for 10 years.
I (2012) SLT 422
Civil Procedure Code, 1908 — Section 20 — Territorial Jurisdiction — Part of cause of action had arisen within jurisdiction of both the Courts, i.e., at Vijayawada and also in Calcutta — Cause of action comprises bundle of facts which are relevant for determination of lis between parties.
I (2012) SLT 427
Criminal Procedure Code, 1973 — Section 200 — Examination of Complainant — Inquiry under Section 200, Cr.P.C. cannot be given a go-bye if Magistrate refuses to accept closure report submitted by investigating agency — This inquiry is legally vital to protect affected party from frivolous complaint and vexatious prosecution in complaint cases — This process of inquiry under Section 200, Cr.P.C. is surely not a decorative piece of legislation but is of great relevance and value to complainant as well as accused.
I (2012) SLT 362
Caste and Community — In inter-caste Marriage or marriage between tribal and non-tribal, proposition that a woman must in all cases take her caste from husband, as a constitutional law — Corrrectness is not free from doubt.
I (2012) SLT 362
Caste and Community — In an inter-caste marriage or marriage betweeen tribal and non-tribal determination of caste of off-spring is essentially question of fact to be decided on basis of facts adduced in each case.
I (2012) SLT 356
Administration of Justice — Primary aim of the Court is to try the case on its merits and ensure that rule of justice prevails — For this need is for true facts of case to be placed before Court so that Court has access to all the relevant information in coming to its decision.
I (2012) SLT 293
Central Excise Act, 1944 — Section 2(f) — “Manufacture” — Takes place only when there is transformation of raw materials into new and different article having different identity, characteristic and use — Mere improvement in quality does not amount to manufacture.
I (2012) SLT 283
Education — Increase in seats for MBBS course from 150 to 200 by interim order passed by High Court — Erroneous.
I (2012) SLT 283
Final Relief/Interim Relief — Power to grant final relief implies within itself power to grant interim relief unless it is specifically prohibited by law.
I (2012) SLT 281
Preventive Detention — Illicit distillation of liquor — Offences complained of against appellant can be dealt with under ordinary law of land — Taking recourse to provisions of preventive detention is contrary to constitutional guarantees enshrined in Articles 19 and 21 of Constitution.
I (2012) SLT 281
Preventive Detention — Involves detaining of a person without trial in order to prevent him/her from committing certain types of offences — But such a detention cannot be made substitute for ordinary law and absolve investigating authorities of their normal functions of investigating crimes which detenu may have committed — Preventive detention in most cases is for a year only and cannot be used as an instrument to keep a person in perpetual custody without trial.
I (2012) SLT 232
Public Interest Litigation — Guiding principles for entertaining petitions filed in public interest — Before entertaining such petitions, Court must feel satisfied that petitioner has genuinely come forward to espouse public cause and his litigious venture is not guided by any ulterior motive or is not publicity gimmick.
I (2012) SLT 214
Constitution of India, 1950 — Articles 142, 136 — Special Leave to Appeal — It is open to this Court to extend benefit of acquittal, determined in case of accused to co-accused.
I (2012) SLT 193
Death Caused by Rash and Negligent Act — Offences caused under Sections 304A, 336, 337, 279, IPC are punished because of inherent danger of acts specified therein irrespective of knowledge or intention to produce result and irrespective of result — These sections make punishable acts themselves which are likely to cause death or injury to human life.
I (2012) SLT 193
Evidence Act, 1872 — Sections 25, 26, 27 — Confessional Statements — Admissibility — Rationale of Sections 25 and 26 of Evidence Act is that police may procure a confession by coercion or threat — Exception postulated under Section 27 of Evidence Act is applicable only if confessional statement leads to discovery of some new fact — Discovery of facts itself substantiates truth of confessional statement.
I (2012) SLT 193
Examination of Accused — Accused must be apprised of incriminating evidence and materials brought in by prosecution against him to enable him to explain and respond to such evidence and material.
I (2012) SLT 193
Examination of Accused — Burden is on the accused to establish that by not apprising him of incriminating evidence and inculpatory materials that had come in prosecution evidence against him, prejudice has been caused resulting in miscarriage of justice.
I (2012) SLT 193
Knowledge to cause death — Cases of negligence or rashness or dangerous driving do not eliminate act being voluntary.
I (2012) SLT 193
Knowledge to cause death — Causing grievous hurt by act endangering life or personal safety of others — Two charges are not mutually destructive — Indictment of an accused under Sections 304 Part II and 338, IPC can co-exist in a case of single rash or negligent act — It is not legally impermissible.
I (2012) SLT 193
Knowledge to cause death — Effect of omission to frame, or absence of, or error in charge — Omission of words ‘in drunken condition’ in charge framed under Section 304 Part II, IPC is not very material — It has not resulted in prejudice to appellant as he was fully aware of prosecution evidence which consisted of drunken condition of appellant at the time of accident.
I (2012) SLT 193
Knowledge to cause death — Sentence — Seven precious human lives were lost by act of accused driving in rash and negligent manner in drunken condition — Facts and circumstances of case do not justify benefit of probation to appellant for good conduct or for any reduction of sentence.
I (2012) SLT 193
Sentence — Imposition — No strait-jacket formula for sentencing an accused on proof of crime — Principle of proportionality in sentencing a crime-doer is well entrenched in criminal jurisprudence — Court has to take into consideration all aspects including social interest and consciousness of the society for award of appropriate sentence.
I (2012) SLT 193
Words and Phrases — “Knowledge” — Awareness on the part of person concerned of consequences of his act of omission or commission indicating his state of mind.
I (2012) SLT 176
Cognizance of Offence — Magistrate is not bound by opinion of Investigating Officer — Court has to only see whether prima facie reasons for issuing the process are there and whether ingredients of offence are there on record.
I (2012) SLT 166
Sentence — Must have a policy of correction — If anyone has to become a good driver, must have a better training in traffic laws and moral responsibility with special reference to potential injury to human life and limb.
I (2012) SLT 151
Appeal — Dismissal — “Summary dismissal” or “dismissal in limine” does not refer to dismissal without assigning reasons.
I (2012) SLT 151
Appeal — Is a proceeding from where higher Forum reconsiders decision of lower Forum, on questions of fact and/or law, with power to confirm, reverse, modify decision or remands matter to lower Forum for fresh decision.
I (2012) SLT 134
Evidence — Interested witness — Evidence to be equated with that of tainted witness or that of an approver so as to require corroboration as a matter of necessity.
Jaisy @ Jayaseelan v. State Rep. by Inspector of Police — I (2012) SLT 134
I (2012) SLT 129
Constitutional Law — Personal liberty of an individual is the most precious and prized right guaranteed under Constitution.
I (2012) SLT 109
“ Audi Alteram Partem” — Scope of rule of hearing — This unwritten right of hearing is fundamental to just decision by any authority which decides controversial issue affecting rights of rival contestants.
I (2012) SLT 109
Constitutional Law — Power of Eminent Domain — This power can be exercised by State to acquire private property for public purpose — But it is serious matter and has grave repercussions on private individual’s constitutional right of not being deprived of his property without sanction of law.
I (2012) SLT 67
Guardianship — Paramount consideration is welfare and interest of child and not rights of parents under Statute.
I (2012) SLT 66
Abetment of Suicide — Every quarrel between husband and wife which results in suicide cannot be taken as an abetment by husband.
I (2012) SLT 42
Administration of Justice — Anxiety to render speedy justice should not result in sacrifice of public interest.
I (2012) SLT 42
Forest Conservation — Courts should share legislative concern to conserve forests and mineral wealth of country — A wrong decision in such matters may lead to disastrous results, in regard to public interest, financially and ecologically.
I (2012) SLT 15
Judicial Review — Writ Court is entitled to judicially review action and determine whether there was any illegality, perversity, unreasonableness, unfairness or irrationality that would vitiate the action, no matter action is in the realm of contract.
I (2012) SLT 1
Criminal Trial — Accused is presumed to be innocent till he is proved to be guilty — Presumption of innocence has been recognised as a human right which cannot be wished away.
I (2012) SLT 1
Criminal Trial — Prosecution it is axiomatic, must establish its case against accused by leading evidence that is accepted by standards that are known to criminal jurisprudence regardless whether crime is committed in the course of communal disturbances or otherwise.
