Issue for Consideration Matter pertains to the manner of filling of a vacancy reserved for Person with Disability with Low Vision (PWD-LV) in the Unreserved category UR (PWD-LV), where the recruitment notification stipulated that in case of unreserved candidate in the PWD-LV category, the vacancy will be filled up by PWD candidates of other categories as per merit. Headnotes† Service law – Reservation – Filling up of unreserved vacancies by reserved candidates – Mobility of a PWD-LV candidate from reserved
Issue for Consideration Whether in the facts and circumstances of the case, the concurrent conviction of the appellant-accused for killing his wife by setting her on fire, ought to be upheld. Headnotes† Evidence Act, 1872 – s.32 – Dying declaration – When can be relied over her and killed her by setting her on fire – Concurrent conviction u/s.302, IPC relying upon on the dying declaration of the deceased stating that it was the appellant who had poured kerosene on her and set her on fire – Challenge to: Held: Dying declarations are exceptions to
Issue for Consideration Issue arose as regards the correctness of the judgment of High Court wherein it dismissed the accused’s appeal against the order of the Special Judge whereby his prayer for discharge u/s.227 CrPC was allowed in part arising out of proceedings wherein charges were IPC and s.3(2)(v), 3(2)(va) SC/ST Act. Headnotes† Code of Criminal Procedure, 1973 – s.227 – Discharge under – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss.3(1)(r), 3(1)(s), 3(2)(va) – Altercation and scuffle in a gathering
Issue for Consideration Issue arose whether the Revenue Officer could have reviewed the earlier order of the Revenue Officer; whether the respondent- company had fulfilled the conditions to be entitled to retain the lands u/s.6(1)(j) of the WBEA Act, 1953; and whether it was farming” as on 1st January 1952 to claim exemption from vesting under the 1971 determination. Headnotes† West Bengal Estates Acquisition Act, 1953 – ss.6(1), 6(1)(j) – West Bengal Land Reforms Act, 1955 – ss.57, 14T(3) – Power of review by Revenue
Issue for Consideration In the instant case, this Court is concerned with the decision-making process adopted by the Special Court. Instead filed u/s.8(7) of the Prevention of Money-Laundering Act, 2002 (PMLA), and awaiting the adjudication by the Appellate Tribunal u/s.26 of the PMLA, the Special Court has allowed the said application. Headnotes† Prevention of Money-Laundering Act, 2002 – ss.8(7) and s.8(8):
Issue for Consideration Issue arose whether notices u/s.35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are to be mandatorily issued in all cases, qua an offence punishable with imprisonment up to 7 years; absence of circumstances u/ss.35(1)(b)(i) and 35(1)(b)(ii) BNSS, 2023 existing, is an arrest by a police officer, qua an offence punishable with imprisonment up to 7 years, legally justified. Headnotes† Bhartiya Nagarik Suraksha Sanhita, 2023 – ss.35(3), 35(1)(b)(i) and 35(1)(b)(ii)
Issue for Consideration Matter pertains to issuance of direction to the States to evolve an appropriate policy for media briefing. Headnotes† Police Manual – Police Manual for Media Briefing – Police Manual for Media Briefing prepared by the Amicus, the Union of India and the prevailing international practices – Issuance of direction to the States to evolve an appropriate policy for Media Briefing, taking into consideration the Police Manual for Media Briefing furnished by the Amicus Curiae – Needful to be done within the
Issue for Consideration Whether u/s.439, CrPC the High Court could have issued directions, mandating age determination test to be conducted in all cases involving the POCSO Act. This larger question involves twin considerations, one on the aspect of jurisdiction and the other on the aspect of law of the act regarding determination of age, and how the directions issued in the impugned judgement correspond to or are in contravention of the same. Headnotes† Code of Criminal Procedure, 1973 – s.439 – Penal Code, 1860 – ss.363, 366 – Protection of Children from