Issue for Consideration Whether, in light of the facts and circumstances of this case and the position of law apropos to the sanction for prosecution, the High Court ought to have exercised its powers u/s.482 of the CrPC to quash the charge-sheet and the summoning with respect to the appellant Procedure, 1973 – ss.197, 482 – Complainant alleged sexual harassment during her tenure at FSSAI – Enquiry report of ICC found accused-SSG guilty of the charges – SSG challenged the report before CAT – Meanwhile, appellant herein got posted at FSSAI and she was
Issue for Consideration (1) Whether the instant writ petition is maintainable in view of Article 212 (1) of the Constitution of India and whether the proceedings of the ethics committee are amenable to judicial review? (2) Whether this court can review punishment imposed by the house in exercise of its writ jurisdiction? (3) If so, whether the petitioner’s expulsion is disproportionate to the misconduct attributed to him and whether it merits any interference? (4) If so, whether this court is empowered to determine the quantum of
Issue for Consideration Whether judicial discipline and propriety were maintained, in the light of r.26 of the Appellate Side Rules of the High Court at Calcutta, 1966 in relation to applications u/Art.226 and the powers of the Hon’ble Chief Justice of the High Court of the roster. Headnotes† Judicial discipline and propriety – Principles of – Appellate Side Rules of the High Court at Calcutta, 1966 – r.26 – Letters Patent – cl.15 – Intra-court appeal – Adjudication by bench of High Court without allocation by
Issue for Consideration In a case where the appellant alongwith a co-accused was alleged to have kidnapped and murdered the minor daughter of PW1, the issues for consideration were: (i) Whether the chain of circumstantial evidence based on which the High Court convicted the Appellant was of last seen together can be made the basis of conviction; (iii) Whether the circumstance of recovery of the dead body following the Appellant’s statement was proof beyond reasonable doubt against the Appellant; (iv) Whether motive is an important link in a case based on circumstantial
Issue for Consideration Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness; Before the evidence of the child witness is recorded, Court to record its opinion and satisfaction that the child witness understands the duty of speaking the truth; Whether the Court should apply s.106 of the Evidence Act in criminal cases with care and caution; Does s.106 of the Evidence Act absolve the prosecution from the duty of proving that
Issue for Consideration Whether the concurrent conviction of the appellant under Sections 420, 468 and 471, Ranbir Penal Code, 1989 and Section 5(1)(d) read with Section 5 (2), Prevention of Corruption Act, 1988 was justified. Headnotes† Ranbir Penal Code, 1989 – ss.420, 468 and 471 Act, 1988 – ss.5 (1) (d), 5 (2) – Appellant posted as Traffic Superintendent, Indian Airlines, Jammu at the relevant time prepared an infant ticket in a fictitious name and then tampered the flight coupon of the same ticket by way of forgery to make it an adult ticket causing
Issue for Consideration Issue arose as regards the computation of pensionary benefits of Job contract employees, only such period of their service as ‘Job Contractors’ to be counted for pensionary benefits as was sufficient to entitle them for pension or the entire period of Job order of the Division Bench of the High Court dismissing the writ appeals filed by the State due to inordinate delay. Headnotes† Service law – Odisha Civil Services (Pension) Rules, 1992 – r.18 (6) – Pensionary benefits – Computation, of employees employed as a
Issue for Consideration Issue arose whether the legal heirs of a deceased partner in a partnership firm, being non-signatories to the partnership deed and in the absence of their explicit consent, can still be bound by the arbitration agreement; and whether the right to sue for the rendition to the legal heirs of the deceased partner, entitling them to invoke the arbitration clause in the partnership deed. Headnotes† Arbitration and Conciliation Act, 1996 – Arbitration agreement – Invocation of the arbitration clause in the partnership deed, by the legal heirs of a
Issue for Consideration Appellant appeared in the NEET-UG 2024 Examination and secured a rank of 2462 in the Persons with Disability (PwD) category. The designated Disability Certification Centre found him ineligible to pursue medical course on the basis of his quantified disability. When Court in a writ petition, it was dismissed on the ground that the Court cannot substitute the opinion of the experts in the field of disability. Appellant approached the Supreme Court by filing SLP and this Court while issuing notice directed Director, All India Institute of Medical Sciences
Issue for Consideration Whether the appellants' qualifications for the post in question meet the standard prescribed in the recruitment notification. Headnotes† Lakshadweep Electricity Department (Group ‘C’ and ‘D’ Technical Posts) Recruitment Rules, 2002 – An Engineer (Electrical) was issued – The required qualification was specified to be a Degree in Electrical Engineering from a recognized university, or a Diploma in Electrical Engineering from a recognized institution with two years of experience – The appellants are all Diploma-
Issue for Consideration Whether the High Court could have justifiably invoked judicial review u/Art.226 of the Constitution to interdict personal insolvency proceedings initiated against respondent no.1 u/s.95 of the Insolvency and Bankruptcy Code, 2016 by holding that his liability as a debtor Constitution of India – Art.226 – Insolvency and Bankruptcy Code, 2016 – s.95 – Whether the High Court correctly exercised its writ jurisdiction to interdict the personal insolvency proceedings under the IBC against respondent no. 1: Held: The Adjudicating
Issue for Consideration Whether the High Court erred in modifying the terms of a Memorandum of Understanding (MoU) between a private party and a governmental authority in a Public Interest Litigation (PIL). Headnotes† Scope of Judicial Review – Matters concerning State or its instrumentality with private participation, particularly regarding scope and ambit of work and finances – Scope of judicial review limited – Issues such as mutual obligations, including the apportionment of expenditure that contracting parties must bear – Beyond the
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court acquitting the accused u/ss.376 and 452 IPC. Headnotes† Penal Code, 1860 – ss.376 and 452 – Rape – Non-allowance of medical examination by prosecutrix – Delay in lodging the accused-respondent for forcibly committing sexual intercourse with the prosecutrix, however, acquitted by the High Court due to glaring lacunae in the prosecution case – Interference: Held: Interference not called for – Mother of the prosecutrix declared hostile – Father
Issue for Consideration Whether under Notification dated 25.02.2021 issued under the Kerala Conservation of Paddy Land and Wetland Act, 2008, a land owner with more than 25 cents is liable to pay conversion fee for the entire land holding or would the conversion fee be calculable for the portion of 25 cents. Headnotes† Kerala Conservation of Paddy Land and Wetland Act, 2008 – Notification dated 25.02.2021 exempted landowners holding up to 25 cents from paying conversion fee – Respondent, owner of 14.57 acres, directed to pay conversion fee on total extent of land
1969 : 2025 INSC 249 Jitender @ Kalla v. State (Govt of NCT of Delhi) & Ors. (Criminal Appeal No. 865 of 2025) 20 February 2025 [Abhay S. Oka* and Augustine George Masih, JJ] Issue for Consideration I. Whether the Supreme Court decisions in Indira Jaising v. Supreme Court of India (I) and petition without further participation in the proceedings of the case. Headnotes† The appellant was convicted and sentenced to thirty years of rigorous imprisonment without the right to seek remission until the sentence was complete, a punishment restored by the Supreme Court in an earlier
Issue for Consideration 1. Whether a Writ of Mandamus should be issued to the Respondents to act and thereby construct feeding rooms and child care rooms, etc. or any other facilities related to infants and mothers at public places. 2. Whether a Writ of Mandamus Respondents to ensure that the fundamental rights of nursing women and infant children are protected. Headnotes† Child Rights – Rights of Nursing Mothers – Right to Life – Breast-feeding – National Food Security Act, 2013: Held: Breast-feeding is an integral
Issue for Consideration Whether in the facts and circumstances of the case, the Appellants would be entitled to claim interest on delayed stamp duty refund, in the absence of a provision in the statute to that effect. Headnotes† Constitution of India, 1950 – Article 226 – Refund along with the principal: Held: The Appellants approached the High Court under Article 226 of the Constitution following their request for refund of the stamp duty as the e-stamp paper purchased by the Appellants was misplaced – The Single Judge of the High Court passed an order
Issue for Consideration The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about the nature of conditions imposed while granting whether there can be automatic revocation of remission granted to the convict if he commits a breach of the terms and conditions on which remission is granted. Lastly, another question is whether there is a requirement to record reasons while rejecting applications of the convicts for grant of
Issue for Consideration High Court denied regular bail to the appellant for offences punishable under Sections 420, 201, 120-B read with Section 34, Penal Code, 1860. On facts, appellant, if entitled to bail. Factors relevant for considering application under Section 437(6) of Code of Criminal Procedure, 1973 – s.437(6) – Application under, to be dealt liberally – Penal Code, 1860 – ss.420, 201, 120-B r/w s.34 – Economic offence related to crypto currency – Out of 189 witnesses to be examined by the prosecution, only 1 witness has been examined
Issue for Consideration Whether the State could amend the Punjab Value Added Tax Rules, 2005 to provide that the input tax credit (ITC) already earned on goods kept in stock could be availed at a reduced rate as the rate of tax on the goods stood reduced in the interregnum when there was no statute i.e., the Punjab Value Added Tax Act, 2005. Headnotes† Punjab Value Added Tax Act, 2005 (“Punjab VAT Act”) – First proviso to s.13(1) – Amended with effect from 01.04.2014 – Punjab Value Added Tax Rules, 2005 (“Punjab VAT Rules”) –