Issue for Consideration Whether a purpose based interim bail can be granted to contest the election or for canvassing as the petitioner himself is one of the candidates. Headnotes Interim Bail – To contest election or for canvassing/campaigning – FIRs against the petitioner and murder of an official of IB – Sought interim bail to participate and contest Delhi Assembly Elections, 2025 – Disallowed by the High Court – Challenge to: Held: [Per Pankaj Mithal, J.] Interim bail is not permissible for contesting elections, much less for campaigning
Issue for Consideration The appellant herein has sought to quash proceedings for the offences punishable under Sections 376, 323, 504 and 506, Penal Code, 1860 and Sections 3(1)(r),3(1)(s), 3(2)(5a) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) – ss.376, 323, 504 and 506 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3(1)(r), 3(1)(s), 3(2)(5a) and 3(2)(v) – Allegation that appellant befriended the complainant and established physical relations with her –
Issue for Consideration Whether the State is entitled to levy royalty on brick earth excavation, irrespective of the issue of ownership of the excavated land. Headnotes† Power of State Government to levy on royalty on excavation of brick earth – Punjab Minor Mineral Concession 54A, 54B and 54C of the Punjab Minor Mineral Concession Rules, 1964, the State Government is empowered to levy royalty on the production and disposal of minor minerals – In the present case, brick earth was declared as a minor mineral, and thus, the State Government was entitled to levy
Issue for Consideration Whether the appellant, can be charged with abetment of suicide of the deceased, under Section 306 of the Penal Code (IPC). Headnotes† Penal Code, 1860 – s.306 & s.107 – Abetment to Suicide – Instigation – Requirements to prove abetment of Held: When Section 306 IPC is read with Section 107 IPC, it is clear that there must be (i) direct or indirect instigation; (ii) in close proximity to the commission of suicide; along with (iii) clear mens rea to abet the commission of suicide – After referring to Rohini Sudarshan Gangurde
Issue for Consideration What are the essential conditions that must be satisfied to attract the provisions of Section 366 of the IPC? What are the essentials to constitute a trespass as criminal trespass? Whether the procedure provided under the general law will be attracted if the special law Headnotes† Respondents boarded a chartered plane to travel from Deoghar Airport – Air Traffic Controller denied the permission for take-off – Pilot along with other respondents barged into the room of ATC and exerted pressure – ATC clearance was given and Chartered
Issue for Consideration Whether there has been a miscarriage of justice as the second appeal was allowed ex parte without hearing the appellant and without framing any substantial questions of law. Headnotes† Civil Procedure Code, 1908 – s.100 – Second appeal (S.A. No.140/2016) without hearing the appellant-defendant no.3 and without formulating any substantial question of law – Review thereagainst was dismissed vide order dated 11.10.2019 – By way of the impugned order, High Court rejected the application seeking recall of the said order: Held: Appellant
Issue for Consideration Whether the High Court was justified in holding that the respondent's arrest was illegal and thus, granting him bail for an offence under Prevention of Money Laundering Act, 2002. Headnotes† Bail – Prevention of Money Laundering Act, 2002 – ss.45, 65 Code of Criminal Procedure, 1973 – s.57 – Arrest vitiated if fundamental rights of the accused u/Arts.21 and 22 were violated – On facts, arrest of the respondent, if was illegal: Held: Yes – Respondent was not produced before the Magistrate within 24 hours from his
Issue for Consideration Whether an employee in an establishment is entitled to claim promotion on a post for which he does not fall in the feeder cadre and the post is required to be filled up 100% by way of direct recruitment; whether a vacancy meant for direct recruitment can be filled a circular in the establishment and not by issuing an advertisement calling application from the eligible candidates from public at large. Headnotes† Sub-ordinate Architectural Service Rules, 1979 – Claim of petitioner for the post of Tracer on promotion basis – Petitioner
Issue for Consideration Whether while computing excise duty under the Central Excise Act, 1944 products, price of the products can be considered as the sole consideration and whether the revenue was entitled to invoke extended period of limitation u/s.11A(1) of the Act and to levy a penalty u/s.11AC of the Act? Headnotes† Central Excise Act, 1944 – Valuation of
Issue for Consideration Whether the impugned order of the High Court, in which the Disciplinary Authority’s order imposing penalty and the order of the Single Judge dismissing the writ petition of the appellant have merged, warrants any interference on any of the grounds available for by the respondent that limited notice having been issued at the time of admission of the intra-court appeal and the appellant’s grievance being addressed, this Court ought not to enlarge the scope of the appeal has any substance. Headnotes† Punjab Civil Services (Punishment &
Issue for Consideration Whether a suit for recovery of money filed by partners of an unregistered partnership firm against a partner of the same firm is maintainable. Headnotes† Partnership Act, 1932 – Section 69 – Suit for recovery of money filed by petitioners/plaintiffs, partnership firm, against respondent/defendant, a partner of the same firm – Trial Court found the suit to be maintainable as partnership business had not commenced – High Court found suit not maintainable as per Section 69(1) – SLP against High Court order dismissed
Issue for Consideration The two questions of law fall for consideration in the instant appeal; First, the effect of merger of the trial court’s decree with that of the decree passed by High Court in second appeals; Secondly, whether the defendants/judgment debtors could have of contract on the ground that the plaintiffs/decree holders had failed to deposit the balance sale consideration within the stipulated time period of 20 days as prescribed in the original decree. Headnotes† Specific Relief Act, 1963 – s.28 – Specific Performance of the
Issue for Consideration A suit for confirmation of possession or in the alternative recovery of possession and injunction was filed by the predecessor in interest of the Respondents against the predecessor in interest of the Appellants. The suit was decreed and 40 years later, claiming breach of decree of permanent injunction. When the written objections of the Appellants were not accepted to the same by the Trial Court, a Revision Application was filed before High court; During its pendency, Trial Court allowed the Execution Application ex-parte and ordered arrest
Issue for Consideration Magistrate passed an order under Section 156(3), Code of the Criminal Procedure, 1973 directing registration of FIR against the appellant-accused for the offences punishable under Sections 323, 294, 500, 504 & 506, Penal Code, 1860. Whether the High Court was justified order and rejecting the petition filed by the appellant under Section 482, Cr.P.C. Headnotes† Code of the Criminal Procedure, 1973 – s.156(3) – Scope – Penal Code, 1860 – ss.323, 294, 500, 504, 506 – On facts, whether a case is made out to put the appellant
Issue for Consideration Whether the High Court erred in upholding the judgment of the trial court, thereby upholding the appellant guilty of conscious possession of poppy husk. Headnotes† Narcotics, Drugs and Psychotropic Substances Act, 1985 – s.54 – Scope of – Held: As per s.54, unless and until the contrary is proved in trial, it may be presumed that the accused has committed an offence under the Act in respect of any articles prohibited to be possessed by him and for the possession of which, he failed to account satisfactorily – Burden is on
Issue for Consideration In a case where the trial court relied upon the DNA report, whether the non-examination of the scientific experts involved in the process of conducting DNA profiling examination and issuing the report, led to the failure of justice vitiating the trial wherein capital punishment. Headnotes† Evidence – DNA profiling report – Non-examination of scientific witnesses – Right of the accused to seek examination of scientific experts/expert witnesses – Criminal Law (Amendment) Ordinance, 2018 – s.376(DB) – Penal
Issue for Consideration Whether the appellant's act of causing the death of the deceased fell within the scope of "grave and sudden provocation" under Exception 1 to Section 300 of the Penal Code (IPC), thereby reducing the offence from murder to culpable homicide not amounting to murder I IPC. Headnotes† Penal Code, 1860 – Prerequisite to attract application of Exception 1 to Section 300 IPC: Held: Not each and every provocation, that results in loss of self- control by accused, will convert an offence of murder to culpable homicide not amounting to murder –
Issue for Consideration Issue arose as regards the promotion of the Civil Judges (Senior Division) to Jharkhand Superior Judicial Service. Headnotes† Judiciary – Superior judiciary – Jharkhand Superior Judicial Service – Promotion/appointment – Notification Jharkhand Superior Judicial Service – Quota for promotion based upon merit-cum-seniority and passing of suitability test is 65% – Appellants-promotee in the cadre of Civil Judge (Senior Division) participated in the selection process, however not selected – Appellants obtained
Issue for Consideration Whether an MSME cannot make a reference to the Facilitation Council for dispute resolution under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 if it is not registered under Section 8 of the 2006 Act before the execution of the contract Headnotes† Micro, Small and Medium Enterprises Development Act, 2006 – s.18 – MSME seeks to refer the dispute that it has with the buyer regarding payment of its dues to the Facilitation Council for arbitration u/s. 18 of the Act – The appellant opposes this prayer by
Issue for Consideration Whether the High Court was justified in interfering with the order granting promotion to the appellant to the post of Associate Professor, Department of Neurosurgery, Medical Education Service, Health and Family Welfare Department, Kerala on 06.02.2013. Headnotes† – Post-qualification experience, when not required – Vacancy for the post of Associate Professor arose on 13.11.2012 – Appellant had acquired M.Ch degree on 31.07.2008 – Completed 5 years as Assistant Professor on 30.07.2013 (was promoted as Assistant Professor on