12 August 2024

Search Results for Tag : Absence

Judgments

In absence of complete cause of action for declaring election of returned candidate to be void, election petition is to be summarily dismissed without trial(11.02.2020)

Present election petition filed under Section 80 read with Section 100(1) of the Representation of the People Act, 1951 challenges the election of the.....

Tags : Non-compliance, Provisions, Cause of action, Absence

News

SC: Absence of Motive Depending on Circumstantial Evidence Favours the Accused(28.09.2020)

Supreme Court has reiterated that absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused.

Tags : Supreme Court, Absence of Motive

All. HC: Burden on Disciplinary Authority to Prove Employee's Willful Absence from Service(18.07.2023)

Allahabad High Court while observing that absence from duty without prior permission may amount to unauthorized absence, but it doesn’t always mean wi.....

Tags : Allahabad High Court, Willful Absence, Service, Burden

Kerala HC: Absence of Salutation While Drawing Cheque Irrelevant; Not Ground for Acquittal(05.10.2021)

Kerala High Court has ruled that the absence of salutation while drawing the cheque by the accused cannot be a ground for the accused to be acquitted .....

Tags : Kerala High Court, Absence of Salutation

SC: Bail Cannot be Granted Merely on Finding of Absence of Possession of Contraband(23.09.2021)

Supreme Court has observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, 1985 merely on a finding of.....

Tags : Supreme Court, Absence of Possession of Contraband

Ker. HC: Unauthorized Absence of Employee is Non-Duty for All Purposes Other Than Pension(25.10.2023)

Kerala High Court has held that unauthorized absence of an employee will be counted as non-duty for all purposes, except for the purposes of pension.

Tags : Kerala High Court, Unauthorized Absence, Pension

Kerala HC: Evidence of Witness Can be Recorded in Absence of Accused(15.01.2024)

Kerala High Court has held that evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the cour.....

Tags : Kerala High Court, Witness Evidence, Absence, Accused

HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal: SC(18.12.2018)

Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court could not pass any further order beyond the judgment .....

Tags : Supreme Court, HC can’t Go Beyond Decree of Trial Court While Dismissing Appeal in Absence of Cross Appeal

Bombay High Court: In Absence of Karta, Any Member of Family May Prosecute Suit(20.01.2020)

Bombay High Court has held that where a Karta has not been appointed, any member of the Hindu Undivided Family may represent the family in the capacit.....

Tags : Bombay High Court, Prosecution of Suit in Absence of Karta

SC: Govt. Can’t Create Posts & Absorb Those in Service in the Absence of Sanctioned Posts(12.04.2023)

Supreme Court has observed that government can’t be compelled to create post and absorb people who are continuing in service of the State, in the abse.....

Tags : Supreme Court has observed that government can’t be compelled to create post and absorb people who are continuing in service of the State, in the absence of sanctioned posts.

CESTAT: Extended Limitation Claimed by Department is Not Valid in Absence of Suppression of Fact(04.07.2022)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that extended limitation claimed by the department is not valid in.....

Tags : CESTAT, Absence, Suppression of Fact

Patna HC: Healthcare System Seems to be Moving Aimlessly in Absence of Action Plan(04.05.2021)

Patna High Court has observed that in the absence of an action plan, the healthcare system in Bihar qua COVID-19 appeared to be moving aimlessly in th.....

Tags : Patna High Court, Absence of Action Plan

SC Issues Notice on Plea Raising Grievances of Flat Purchasers in Absence of Buyer Agreement(05.10.2021)

Supreme Court has issued notice to the Centre on a batch petitions under Article 32 raising the grievances of flat-purchasers that in the absence of u.....

Tags : Supreme Court, Absence of Buyer Agreement

Every judicial or quasi-judicial order passed by Court must be supported with reasons in support of its conclusion(08.04.2019)

The Appellant filed an eviction petition against the Respondents. By order, the Civil Judge decreed the suit and passed the decree for eviction agains.....

Tags : Judicial order, Reasoning, Absence

Delhi HC Directs Courts to Proceed with Adequate Proceedings in Absence of Party(18.11.2020)

Delhi High Court has directed that all subordinate Courts may now proceed with adequate proceedings in the absence of a party or advocate depending on.....

Tags : Delhi High Court, Proceedings in Absence of Party

Delhi High Court: Chargesheet Not to Be Invalidated For Absence of Documents Relied in it(12.02.2024)

Delhi High Court while observing that although a chargesheet should be accompanied with all the documents relied on by the party, has held that if on .....

Tags : Delhi High Court, Chargesheet, Absence of Documents

All. HC: If Ocular Testimony is Suspected, Existence/Absence of Motive Acquires Significance(14.08.2024)

Allahabad High Court while acquitting an accused in a murder case due to unreliable ocular testimony, has observed that when ocular testimony appears .....

Tags : Allahabad High Court, Ocular Testimony, Absence of Motive

SERVICE - Dismissal of Soldiers for Unauthorized Absence Not Harsh Punishment: SC(15.03.2019)

Supreme Court has upheld dismissal of a soldier of Indian Army on the ground of unauthorised absence of 302 days and observed that Armed Forces Tribu.....

Tags : Supreme Court, Dismissal of Soldiers, Unauthorized Absence

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