20 May 2019


Search Results for Tag : Legality

International Cases

Doctrine of illegality bows down to public interest(20.07.2016)

A party to a contract “tainted by illegality” is not barred from recovering money paid under the contract from the other party under the law of unjust.....

Tags : uk, doctrine of illegality, public interest, insider information

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Judgments

Appointment cannot be treated as final when terms and conditions mentioned therein not fulfilled(12.08.2016)

Appellant was appointed as "Chemical Examiner Grade-I" in Customs and Central Excise Department, subject to fulfilling terms and conditions mentioned .....

Tags : Appointment, Conditions therein, Termination, Legality

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Top Story

Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality

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Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality

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Court can interfere with departmental authority’s decision, if inquiry is not conducted in a fair manner by following rules of natural justice(24.03.2017)

Ratio: Inquiry has to be conducted in a fair manner by following rules of natural justice

Instant writ petition has been preferred.....

Tags : Punishment, Imposition, Legality

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There is no unjustified discrimination, when detained patients are compared with general public at liberty(11.04.2017)

In instant case, challenge by application for judicial review is to legality of comprehensive ban on smoking at State Hospital at Carstairs which Stat.....

Tags : Smoking, Ban, Legality

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Proposed externee is entitled, before an order of externment is passed under Section 56 of Bombay Police Act, 1951, to know material allegations against him(02.08.2017)

Present Petition is filed with prayer that, externment order passed by Respondent No. 3 - Sub-Divisional Magistrate, and order passed by Divisional Co.....

Tags : Externment order, Initiation, Legality

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Minor procedural defects which are curable should not be allowed to defeat substantive rights or to cause injustice(28.07.2017)

Petitioner is engaged in carrying out the business of manufacturing and trading of water, beverages, distilled water etc. It is aggrieved by rejection.....

Tags : Tender bid, Award, Legality

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Public servant facing charge of criminal misconduct is not liable to furnish any explanation in absence of proof of the allegation(09.08.2017)

Appellant seeks to overturn judgment rendered by High Court thereby affirming his conviction passed by Trial Court under Section 13(1)(e) read with Se.....

Tags : Conviction, Legality, Proof, Burden

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It is not necessary to go into the merits of the case at the stage of framing the charge(07.08.2017)

By present revision, under Section 397 of Code of Criminal Procedure, 1973, Petitioner/State of Goa has challenged the legality of impugned order of d.....

Tags : Insult, Caste, Discharge, Legality

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Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)

In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....

Tags : Conviction, Legality, Evidence, Credibility

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Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)

Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....

Tags : Conviction, Legality, Evidence, Credibility

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If actual market value of acquired land is higher, Reference Court could grant higher compensation(10.08.2017)

In facts of present case, The Government had acquired the land of the Respondent from different survey holdings for the stated purpose pursuant to the.....

Tags : Compensation, Enhancement, Legality

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In contract matters, Court can exercise its discretionary power only in case of bias, mala fide, arbitrariness or unreasonableness(09.08.2017)

In facts of present case, the Government implemented LED Street light Scheme in Tamil Nadu. Tender notices for supply of huge number of 20W LED street.....

Tags : Tender, Conditons, Legality

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Promotion in a private establishment is a managerial function and cannot be claimed to be a condition of service(21.08.2017)

Instant petition takes an exception to the judgment and order passed by the Industrial Court. By said judgment and order, Industrial Court allowed the.....

Tags : Trade practice, breach, Legality

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Preventive detention order can be passed if activities of the detenue are dangerous to the maintenance of public order(21.08.2017)

By way of present writ petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropri.....

Tags : Detention, Subjective satisfaction, Legality

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When the actual cost towards handling charges are available, notional addition is not legally tenable(23.08.2017)

The Appellant is engaged in air transport business both in domestic and international sector. They operate some of their air crafts in domestic sector.....

Tags : Demand, Penalty, Confirmation, Legality

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If a person is put to officiate on a higher post with greater responsibilities, he is entitled to salary of that post(05.09.2017)

The present appeal, by special leave, calls in question the legal acceptability of the order passed by the High Court whereby the Division Bench placi.....

Tags : Officiating position, Benefit, Legality

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Imposition of a sentence other than life imprisonment for the offence of murder will be an exceptional course(01.09.2017)

The Appellant was convicted after trial of murdering the deceased, who was her former partner, on 13 June 2015. She was sentenced to life imprisonment.....

Tags : Conviction, Sentence, Legality

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Statements of a person who dies, are admissible, if the statements relate to the cause of death, or explain circumstances leading to the death(07.09.2017)

The Appellants faced trial for offence punishable under Sections 306 and 498-A read with Section 34 of Indian Penal Code, 1860 ('IPC'). They have been.....

Tags : Conviction, Legality, Circumstantial evidence

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Mere circumstance of Accused being last seen with the deceased is an unsafe hypothesis for conviction under Section 302 of IPC(19.09.2017)

Present appeal arises from a judgment of a Division Bench of High Court. The High Court affirmed the conviction of the Appellant under Section 302 of .....

Tags : Conviction, Legality, Circumstantial evidence

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Tenant could not be penalized for the Advocate's default(21.09.2017)

The Plaintiff filed the present suit on 22nd November, 2013 claiming a decree for recovery of khas possession of the suit premises, decree for arrear .....

Tags : Delay, Condonation, Legality

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Prospectus is a complete code in itself, candidates seeking admission under the Prospects are bound by the terms contained therein(20.09.2017)

In facts of present case, Department of Medical Education and Research, issued a Prospectus-cum-Application Form for admission to the Postgraduate Deg.....

Tags : Bank Guarantee, Condition, Legality

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It is settled law that, rules once framed, cannot be modified by executive orders(22.09.2017)

The Applicants were candidates for the post of Head Constable (Male) in Transport Department, for which selection process was initiated by the Respond.....

Tags : Selection, Race event, Legality

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An Appellate Court can only intervene if the Appellant demonstrates either an express or implied material error(22.09.2017)

Present is an appeal against sentence. The Appellant and two others, Aaron Clifford Pierotti and Rhannan Ngaire Martinac, were charged that on 21st Fe.....

Tags : Sentence, Quantum, Legality

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Once any act or omission has been found to have been committed by a public servant in discharge of his duty then, it must be given liberal and wide construction(26.09.2017)

The Petitioner have filed applications challenging the impugned order passed by Sub-divisional Judicial Magistrate, taking cognizance of offences unde.....

Tags : Proceedings, Sanction, Legality

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Directions for dividing the property by metes and bounds is beyond the scope of powers of the Tribunal(10.10.2017)

The Petitioner impugns the order passed by the Maintenance Tribunal (under Maintenance & Welfare of the Parents and Senior Citizens Act, 2007). By the.....

Tags : Relinquishment deed, Legality, Transfer, Direction

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Question with regard to juvenility can be raised at any time either during trial or during pendency of the appeal or revision or in any other proceeding pending in any Court of law(11.10.2017)

Present is an appeal under Section 374 of the Code of Criminal Procedure, 1973 filed by the convicts (Appellants) assailing the judgment and order of .....

Tags : Conviction, Legality, Juvenility Plea

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Employer 'may' make a payment in lieu of notice to the employee giving the employer the choice whether or not to make the payment(21.09.2017)

In the facts of present case, the claimant worked as a farm labourer for the respondent company, picking mushrooms at its premises, from 13 December 2.....

Tags : Poor attendance, Dismissal, Legality

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Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)

In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....

Tags : Proceedings, Legality, Supervisory jurisdiction

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When there are strong circumstances proving the guilty, absence of evidence on motive cannot be a circumstance for discarding the evidence(20.11.2017)

The Appellant is convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and he is sentenced to suffer imprisonment fo.....

Tags : Conviction, Legality, Circumstantial Evidence

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When there is an eye witness to occurrence corroborated by other evidence, non-establishment of motive behind the crime is not fatal to prosecution(28.11.2017)

Appeal is against the judgment of conviction and order of sentence passed under Section 302 of Indian Penal Code, 1860 (IPC) against the Accused/Appel.....

Tags : Conviction, Legality, Evidence, Corroboration

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Mere presence of a knife on Appellant cannot impute pre-meditation on his part(23.12.2017)

The Appellant has impugned the judgment and the order on sentence passed by learned Additional Sessions Judge, whereby he has been convicted for commi.....

Tags : Conviction, Legality, Offence, Nature

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Presumption under Section 306 of IPC operates only when there was cruelty or harassment, soon before committal of suicide(05.01.2017)

The Appellant had been convicted for the offences under Sections 302 read with 34, 304-B, 306 and 498 A of the Indian Penal Code, 1860 (IPC). The Firs.....

Tags : Cruelty, Conviction, Legality

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Reputation of public servant cannot be termed as doubtful and his conduct cannot be determined only on spoken words in absence of any material on record(26.12.2017)

The entire gamut of the controversy raised in instant petition revolves round the plea whether the Order bearing No. 480-GAD of 2005 dated 26th April .....

Tags : Notice, Retirement, Legality

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Mere fact that deceased allegedly died an unnatural death could not be sufficient to bring home a charge under Section 201 of IPC(12.02.2018)

Present is a case where the Appellant's wife committed suicide by hanging. The incident took place on 26th December, 1990. The information was conveye.....

Tags : Suspicion, Conviction, Legality

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Gravity of crime, motive for crime, nature of crime and all other attending circumstances have to be borne in mind while imposing sentence(01.08.2018)

Judgment passed by the High Court of Judicature at Rajasthan is questioned in present appeal by the State with the prayer for enhancement of sentence......

Tags : Sentence, Reduction, Legality

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Confessional statements solely in absence of any cogent evidences cannot make foundation for levying excise duty on ground of evasion of tax(31.07.2018)

The brief facts of the case are that, the Appellant were engaged in the manufacture of Pan Masala and Pan Masala containing tobacco (Gutkha). Appellan.....

Tags : Demand, Penalty, Legality

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There was no requirement for any investigation or time to let the dust to settle before reaching a concluded view(11.06.2018)

The Claimant's case was that, she was dismissed on or about 10th August, 2017 from her employment as a counter assistant at one of the Respondent's fr.....

Tags : Conduct, Dismissal, Legality

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Dying declaration cannot be rejected on hyper technicalities; if it is trustworthy, conviction can be based solely on dying declaration, without any necessity of corroboration(14.08.2018)

By present appeal, the Appellant has challenged judgment passed by the trial Court, whereby she has been convicted under Section 304 Part I of the Ind.....

Tags : Conviction, Legality, Dying declaration

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Departmental inquiry can continue despite acquittal of delinquent in a criminal case(18.08.2018)

The present writ petition has been filed for quashing the order issued by the District & Sessions Judge, whereby and whereunder, the Petitioner has be.....

Tags : Disciplinary proceedings, Inquiry, Legality

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Compensation not payable unless disease predominantly arose from discipline which was unreasonable and harsh on part of employer(23.08.2018)

In instant case, the Appellant (Mr Suleski), was employed as a crane supervisor by the Respondent (Pilbara Iron). At a meeting with his superintendent.....

Tags : Compensation, Denial, Legality

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Clandestine removal allegations cannot be upheld on basis of sole statement of one of employees, unless same are corroborated by other independent evidences(24.08.2018)

The Appellant's factory is engaged in the manufacture of Aluminium Profiles (hollow) of various sizes and specifications, was visited by the Central E.....

Tags : Demand, Penalty, Legality

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Kitchen knife and Sil Batta are sufficiently dangerous weapons, if used on vital parts of a person's body can cause serious damage(30.08.2018)

In present matter, the accused challenges the judgment passed by the trial Court convicting him for the offences under Sections 326 and 342 of Indian .....

Tags : Grievous injury, Conviction, Legality

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Only recovery of tainted money is not sufficient for conviction, rather prosecution has to prove the demand, acceptance and illegal gratification(30.08.2018)

Sole Appellant has preferred present appeal against the judgment and order by which the Appellant has been convicted under Section 5(2) read with Sect.....

Tags : Illegal Gratification, Conviction, Legality

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Consumption of liquor beyond a safe limit disqualifies the insured from getting benefits of insurance policy(04.09.2018)

The complainant/Respondent owned a vehicle which he had got insured with the Petitioner Company. The vehicle having met with an accident, on 4th Decem.....

Tags : Compensation, Grant, Legality

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Court must not go deep into merits of matter while considering an application for bail(18.09.2018)

The two instant appeals have been preferred by the State of Orissa and the de-facto informant in FIR registered at Police Station in Orissa State agai.....

Tags : Bail, Grant, Legality

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In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must(10.10.2018)

Present appeal is directed against the final judgment passed by the High Court in Criminal Appeal whereby the High Court dismissed the appeal filed by.....

Tags : Conspiracy, Conviction, Legality

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Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)

In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....

Tags : Liability, Discharge, Sentence, Legality

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Test while determining similarity is of "the possibility" and not "probability of confusion"(17.10.2018)

Instant Appeal is directed against the order passed by the District Judge on the application for temporary injunction filed in a Civil Suit. The said .....

Tags : Injunction, Grant, Legality

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A person cannot be punished twice for the same offence(24.10.2018)

The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....

Tags : Counterfeit currency, Possession, Conviction, Legality

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Prosecution is required to establish continuity in links of chain of circumstances, so as to lead to conclusion of Accused being the assailant(31.10.2018)

The Appellant is the wife of the deceased convicted under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with fine of.....

Tags : Circumstantial evidence, Conviction, Legality

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Mere breach of promise without mala fide intention cannot amount to deception(29.10.2018)

The Appellant has preferred present appeal against the judgment passed by the trial Court whereby the Appellant has been convicted for the offence und.....

Tags : Conviction, Consent, Legality

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In absence of fitness certificate referring mental fitness, no reliance can be placed upon dying declaration(02.11.2018)

The Appellant has filed present appeal from his conviction and sentence passed by Additional Session's Judge convicting the Appellant under Section 3.....

Tags : Conviction, Legality, Dying declaration

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State Government had no jurisdiction and authority to convert a statutory appeal in a representation and issue directions(01.11.2018)

The Petitioner is the owner of plots carved out in a private layout within the municipal limits of Pimpri Chinchwad Municipal Corporation ('municipal .....

Tags : Power, Jurisdiction, Legality

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A reasonable suspicion that a thing has been stolen or unlawfully obtained will necessarily fall short of certainty(06.11.2018)

In facts of present case, the Appellant was convicted after trial in the Magistrates Court of a charge of being in possession of a thing capable of be.....

Tags : Suspicion, Conviction, Legality

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Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)

Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....

Tags : Conviction, Legality, Witnesses, Credibility

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A citizen cannot be non-suited on ground that, authority has failed to take decision in decision making process(22.11.2018)

The Petitioner has filed the present writ application for quashing the order contained in Memo No. 1023 dated 27th May, 2010, whereby the claim of the.....

Tags : Promotion, Denial, Legality

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A Court must not impose a term of immediate imprisonment unless satisfied in view of sentencing principles(14.11.2018)

Present is an appeal against sentence. The Appellant was charged on indictment with three offences. There are three grounds of appeal. Ground 1 alleg.....

Tags : Sentence, Quantum, Legality

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Extended period of limitation is only applicable in case of fraud, collusion, wilful mis-statement, suppression of facts or contravention of provision with intent to evade payment of Service Tax(04.12.2018)

The present appeal is directed against the impugned order passed by the Commissioner (Appeals) whereby the Commissioner (A) has rejected the appeal of.....

Tags : Demand, Confirmation, Extended period, Legality

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Preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial(30.11.2018)

Impugned in present petition is Order passed by District Magistrate, Respondent No. 2, whereby "detenu", has been placed under preventive detention. L.....

Tags : Personal liberty, Detention, Legality

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Standard of proof requires proof that it was accused alone who had committed offence(26.12.2018)

In instant matter, the learned Trial Court after recording evidence and evaluating the same convicted the Petitioner under Sections 279, 337 and 338 o.....

Tags : Conviction, Legality, Standard of proof

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Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)

The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....

Tags : Conviction, Legality, Evidence, Credibility

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Measure of punishment should be proportionate to gravity of offence, to protect society and to deter criminal in achieving avowed object of law(24.01.2019)

Present Criminal Appeal has been filed by convict Appellant against judgment passed by Additional Sessions Judge/Special Judge related with Case Crime.....

Tags : Conviction, Legality, Circumstantial evidence

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When provocation was voluntary on part of offender, benefit of Exception I to Section 300 of IPC cannot be given(11.02.2019)

The Respondent was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo life imprisonment by the Trial Court. The.....

Tags : Sentence, Conversion, Legality

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Imposition of appropriate sentence must commensurate with nature and gravity of crime and manner in which crime is done(20.02.2019)

In present appeal, the Appellant-Accused has called in question the judgment and order whereby, Madras High Court while dismissing criminal revision p.....

Tags : Conviction, Sentence, Legality

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Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)

In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....

Tags : Conviction, Legality, Evidence, Credibility

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Benefit of Exception 4 to Section 300 of IPC is available only when act is committed without premeditation in a sudden fight in heat of passion(15.03.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant under Section 302 .....

Tags : Conviction, Sentence, Legality

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In a crime committed by an unlawful assembly, every member of unlawful assembly would be guilty of offence, even if he himself had not done actual act(15.03.2019)

In present matter, First Information Report was lodged with Police Station, District Raipur pursuant to information received at Police Station from In.....

Tags : Unlawful assembly, Conviction, Legality

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In deciding an appeal, Court may set aside or vary the decision of the Court of Summary Jurisdiction and the sentence imposed(22.03.2019)

The Appellant pleaded guilty in the Magistrate's Court to four charges of trespass and two charges of possessing drug paraphernalia in which there wer.....

Tags : Sentence, Imposition, Legality

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Discretion to suspend a term of imprisonment is not confined by considerations relating to rehabilitation and mercy(10.04.2019)

The Appellant was convicted after trial on charge of unlawfully assaulting a member of the crew of an aircraft so as to interfere with the performance.....

Tags : Conviction, Sentence, Legality

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Writ Petition is not maintainable as Respondent is not a creature of a statute and there are no statutory duties or obligations imposed on the Respondent(29.04.2019)

In facts of present case, an advertisement was issued by the Respondent inviting applications for appointment to posts of clerical cadre (Clerk-III) i.....

Tags : Selection process, Disqualification, Legality

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Revisional power cannot be equated with a power of re-consideration of all questions of facts as a Court of first appeal(07.05.2019)

Present petition challenges the order passed in eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the lea.....

Tags : Eviction, Bonafide, Legality

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Lack of due diligence and failure to take more precautions cannot by itself bring in penal consequences for imposition of penalty, a positive act or omission is to be established(07.05.2019)

Present Appeal has been filed from the order passed by the Commissioner of Customs (Appeals) by which the Commissioner (Appeals) disposed of the Appea.....

Tags : Penalty, Imposition, Legality

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Court will not interfere with sentence imposed unless it is satisfied that, the sentence has been vitiated by a material misdirection or is disturbingly inappropriate(01.04.2019)

Present appeal arises from a tragic incident which occurred on 10 July 2009 at the offices of the detective branch at Esikhawini, when Bongani Cebekhu.....

Tags : Conviction, Sentence, Legality

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