Digi - Legal Insights
SERVICE LAW
Details
Impugned orders are not lengthy orders, but reasons assigned for rejecting proposals cannot be faulted.
CRIMINAL LAW
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Circumstantial evidence
was insufficient to sustain a conviction; death sentence reversed.
SERVICE LAW
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Respondent, who has served Petitioner for over 8 years and completed 240 days, is entitled to notice before retrenchment and compensation.
SERVICE LAW
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If qualifying service is complete, pension cannot be denied on premise that employee was working as an Untrained Teacher.
CRIMINAL LAW
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Court monitoring of an
investigation is unnecessary once trial has commenced.
CRIMINAL LAW
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Appeals in PMLA matters
should be filed on criminal side due to penal nature of proceedings.
SERVICE LAW
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Excess payment has been made to Petitioner for period in excess of five years before order of recovery made thus, Respondent no.4-Deputy Chief Executive Officer directed to repay amount of Rs.1,35,518/- to Petitioner.
CRIMINAL LAW
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Gross delay in action
by Drug Inspector vitiates prosecutions case.
CRIMINAL LAW
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Magistrate empowered to
issue process even against persons not named in charge-sheet if material exists.
CRIMINAL LAW
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Neither police nor
criminal court has authority to impound a passport under Sections 102 or 104 of
CrPC.
CRIMINAL LAW
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Arrest without proper
communication of grounds renders the detention illegal; bail granted.
CRIMINAL LAW
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Conviction upheld as
injuries were serious; no benefit under Probation of Offenders Act granted.
CRIMINAL LAW
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Family Court has
jurisdiction to grant maintenance under Section 20(3) of Hindu Adoptions and
Maintenance Act.
CRIMINAL LAW
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Procedural lapses,
including parallel investigations and lack of forensic examination, prejudiced
accused, warranting commutation of death sentence.
CRIMINAL LAW
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Conviction reversed as
crucial DNA evidence was not put to the accused under Section 313 CrPC.
CRIMINAL LAW
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FIR quashed as prosecution
for the same offence under IPC would amount to double jeopardy.
CRIMINAL LAW
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Second prosecution on
the same set of facts violates Article 20(2) and Section 300 CrPC; proceedings
quashed.
CRIMINAL LAW
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A divorced wife is
entitled to reliefs under the Domestic Violence Act if violence occurred during
the marriage.
CRIMINAL LAW
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Failure to prove a
legally enforceable debt results in acquittal under Section 138 of Negotiable
Instruments Act.
CRIMINAL LAW
Details
Appeal
Against Acquittal-Accuseds liability is established; judgment of acquittal
reversed.