THE HIGH COURT OF DELHI will hold examination for direct recruitment against 14 vacancies to Delhi Higher Judicial Service on Sunday, the 06th April,2014-Last Date 06.02.2014 13/11/2013: While renewing the term of the appointment of the existing incumbents the State Government is required to consider their past performance and conduct in the light of the recommendations made by the District Judges and the District Magistrates. Therefore, the High Court could not have issued a Mandamus for renewal of the term of respondent Nos. 1 and 2 and other similarly situated persons and thereby frustrated the provisions of LR Manual and Section 24 Cr.P.C .- SUPREME COURT. 12 Nov. 2013- Registration of FIR by police in cognizable offence is must and action must be taken against officials for not lodging a case on the complaint filed in such offences.- Supreme Court.(PTI) 09/11/2013: Supreme Court stayed Gauhati High Court order that declared CBI as unconstitutional. 06-11-2013 -"while we decline to hold and declare that the DSPE Act, 1946, is not a valid piece of legislation, we do hold that the CBI is neither an organ nor a part of the DSPE and the CBI cannot be treated as a ‘police force’ constituted under the DSPE Act, 1946"-GUWAHATI HIGH COURT
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Delhi High Court

Judgement Dated: 23-Jul-2009

Head note: The degree of proof required in departmental enquiries is that of a preponderance of probabilities and not proof beyond a reasonable doubt, is now well settled through a series of decisions by Apex Court: Delhi High Court.

Judgement:
MADAN B. LOKUR, J. The question for our consideration is the scope and extent of judicial review available to the Central Administrative Tribunal in respect of the findings recorded in a departmental enquiry. On the facts of the case before us, we are of the opinion that the Tribunal exceeded its jurisdiction in setting aside the report of the enquiry officer and the view taken by the concerned disciplinary authority. 2. At the relevant time, the Respondent (Mr. S.C. Jain) was working as an Assistant Director of Inspection (Intelligence) in the office of the Commissioner of Income Tax, Meerut. In that capacity, he arranged a search operation, sometime in 1982, on the premises owned by one Mansa Ram. The operation disclosed concealment of income and non-payment of taxes thereon by Mansa Ram. 3. According to Mansa Ram, Mr. Jain had later demanded and received an amount of Rs.1,00,000/- from him to decide the case to his (Mansa Ram?s) satisfaction. However, since Mr. Jain did not WP (C) No.1648/2000 Page 3 of 19 „satisfactorily? decide the case of Mansa Ram, a request was made for return of the amount but Mr. Jain rejected it. On these broad facts, Mansa Ram made a written complaint against Mr. Jain to the Commissioner of Income Tax as well as to the Central Bureau of Investigation. 4. A preliminary enquiry was held into the allegations made and on 10th January, 1985 Mr. Jain was issued a charge sheet containing the following allegation: “That the said Shri S.C. Jain while posted and functioning as Assistant Director of Inspection (Int.) in the office of the Commissioner of Income-tax, Meerut, during 1982 committed misconduct in as much as he demanded and accepted a sum of Rs. One lakh as bribe from Shri Mansa Ram of M/s. Mansa Ram Sat Prakash, Meerut, as a motive or reward for showing favour to him in the assessment of income-tax on M/s Mansa Ram Sat Prakash and its allied firms and he thereby contravened Rule 3(1)(i) of the Central Civil Services (Conduct) Rules, 1964.” 5. Mr. Jain denied the charge, but before anyone could be appointed to hold a departmental enquiry against him, Mr. Jain superannuated on 31st December, 1986. 6. Eventually, on 28th July, 1988 an enquiry officer was WP (C) No.1648/2000 Page 4 of 19 appointed to hold a departmental inquiry against Mr. Jain and he submitted a report on 18th September, 1989 to the effect that the charge against him was proved. Mr. Jain was given an opportunity to represent against the enquiry report, which he did, but his representation was rejected. It appears that the Petitioner had taken the advice of the Union Public Service Commission (UPSC) who also agreed that the charge against Mr. Jain was proved. As a result of the rejection of his representation, Mr. Jain was visited with a penalty of permanently withholding of his pension benefits. 7. Mr. Jain challenged the punishment awarded to him by filing O.A. No.2065/1992 being an application under Section 19 of the Administrative Tribunals Act, 1985 before the Principal Bench of the Central Administrative Tribunal. The O.A. was allowed by the impugned order dated 1st March, 1999. Feeling aggrieved, the Petitioner is before us with a prayer to set it aside. 8. In the departmental enquiry, several witnesses appeared for the prosecution, including Mansa Ram and another person by the name of D.K. Varshney. He supported the allegation of lack of integrity WP (C) No.1648/2000 Page 5 of 19 alleged by Mansa Ram and deposed against Mr. Jain. The most important evidence in the enquiry against Mr. Jain was some audio cassettes which contained recorded conversations wherein Mr. Jain acknowledged receipt of an amount of Rs.1,00,000/- and rejected the request to return this amount despite his inability to „satisfactorily? decide the case of Mansa Ram. The enquiry officer relied upon the statements of the witnesses as also the contents of the audio cassettes in giving his report against Mr. Jain. 9. The Tribunal upset the view of the enquiry officer and decided the O.A. in favour of Mr. Jain by concluding, inter alia, that Mansa Ram and D.K. Varshney had some grudge if not an enmity against Mr. Jain and as such, they were not witnesses who could be relied upon. It was observed by the Tribunal that another person who was integrally connected with the “deal”, that is, Lekh Raj did not enter the witness box. The Tribunal also concluded that there were material contradictions in the oral testimony of the witnesses and that neither D.K. Varshney nor Mansa Ram had the means to pay Rs.1,00,000/- to Mr. Jain. With regard to the audio cassettes, the Tribunal expressed doubt about their authenticity inasmuch as some of the defence WP (C) No.1648/2000 Page 6 of 19 witnesses stated that they could not recognize the voice of Mr. Jain in the audio cassettes. Moreover, the audio cassettes had long gaps and disturbances and the witnesses stated that they had some difficulty in comprehending the recording in the audio cassettes. The Tribunal relied upon a decision of the Supreme Court in Ram Singh & Ors. v. Col. Ram Singh, 1985 Supp SCC 611 to conclude that the audio cassettes could not be relied upon and so there was no evidence against Mr. Jain. It appears that the contents of the audio cassettes were transcribed and on going through the transcription, the audio recording became intelligible but according to the Tribunal, the transcription was not given to Mr. Jain leading to a violation of the principles of natural justice. Under these circumstances, the disciplinary proceedings against Mr. Jain were quashed and his pension benefits were granted. 10. Learned counsel for Mr. Jain reiterated the submissions that found favour before the Tribunal and submitted that the writ petition filed by the Petitioner deserved to be dismissed. We are not in agreement with him. 11. It is appropriate to first deal with the views expressed by the WP (C) No.1648/2000 Page 7 of 19 Tribunal for setting aside the disciplinary proceedings and then deal with the scope of judicial review that is permissible to the Tribunal in cases such as the present. 12. With regard to the view expressed by the Tribunal that Mansa Ram and D.K. Varshney had some grudge against Mr. Jain, we are of the opinion that even if it is so, at best, their oral evidence would have to be carefully scrutinized before it is accepted. Their oral testimony could not be rejected merely on the ground that they had some grudge against Mr. Jain – something more is required for this. We find support in this conclusion from the decision of the Supreme Court in Pulicherla Nagaraju @ Nagaraja Reddy v. State of Andhra Pradesh, (2006) 11 SCC 444 wherein it was held in paragraph 16 of the Report that:- “But it is well settled that evidence of a witness cannot be discarded merely on the ground that he is either partisan or interested or closely related to the deceased, if it is otherwise found to be trustworthy and credible. It only requires scrutiny with more care and caution, so that neither the guilty escape nor the innocent wrongly convicted. If on such careful scrutiny, the evidence is found to be reliable and probable, it can be acted upon. If it is found to be improbable or suspicious, it ought to be rejected. Where the witness has a motive to falsely implicate the accused, his testimony should have corroboration in regard to material particulars before it is accepted.” WP (C) No.1648/2000 Page 8 of 19 The Supreme Court rendered the above decision in a criminal case, but we have referred to it for the reason that even in a criminal matter, the oral testimony of a witness cannot be discarded merely because of some grouse or grudge. In a departmental inquiry, the standard of proof is much lower than in a criminal case and so the testimony of a witness cannot be rejected solely on the ground of existence of some enmity with the delinquent. 13. If the broad proposition canvassed by the Tribunal is accepted, it would lead to a very strange result inasmuch as in every case the testimony given by a complainant would have to be rejected because that complainant would necessarily have a score to settle with the person complained against. Clearly, the broad proposition laid down by the Tribunal cannot be accepted. The broad proposition would have to be tempered with ground realities that suggest that the evidence of a complainant or anybody closely associated with the complainant may be accepted, though after strict scrutiny. 14. We are also not in agreement with the view expressed by the Tribunal that merely because there are some irreconcilable WP (C) No.1648/2000 Page 9 of 19 contradictions and discrepancies in the depositions given by the witnesses, the enquiry report would stand vitiated. First of all, the Tribunal is not required to weigh the evidence in the manner that it has done. Its limits are circumscribed by judgments of the Supreme Court which we will soon advert to. Even assuming that the Tribunal could analyze and weigh the evidence with a toothcomb, it must be remembered that in a case where several witnesses enter the witness box, there are bound to be some contradictions and discrepancies. The mere existence of some irreconcilable contradictions and discrepancies in the oral evidence does not necessarily mean that a departmental enquiry would stand vitiated. The nature of contradictions and discrepancies is important. What has to be seen is how material are these contradictions and discrepancies and whether they wipe out the substratum of the case of the presenting officer. Unfortunately, the Tribunal has not indicated the irreconcilable contradictions and discrepancies that prompted it to set aside the enquiry report, and so we cannot comment on them one way or the other. Suffice it to say, in the absence of any indication in this regard, it is not possible to accept the conclusion of the Tribunal that the enquiry report deserves to be quashed on the ground of some unspecified contradictions and WP (C) No.1648/2000 Page 10 of 19 discrepancies. 15. To say (as the Tribunal has done) that neither Mansa Ram nor D.K. Varshney could muster the sum of Rs.1,00,000/- that was said to have been paid to Mr. Jain as a bribe is really of no consequence. Their financial status was not the subject matter of enquiry and where they got this amount from or how they managed to get this amount is totally irrelevant. What is of importance is whether the amount was given to Mr. Jain or not. We may only mention, in passing, that the enquiry officer has noted that the money was obtained from M/s National Sugar Industries which was apparently under the control of D.K. Varshney and this company had some issues about the taxability of its income and had a tax liability of about Rs.12,00,000/-. It is possible, under the circumstances, that the amount could have been arranged by Mansa Ram and D.K. Varshney in a manner with which we are not concerned. We need say no more on this aspect, since it would mean weighing the evidence on record, which is not permissible either for the Tribunal or for us in writ jurisdiction. 16. The fact that Lekh Raj, who was integrally connected with WP (C) No.1648/2000 Page 11 of 19 the financial transaction, did not enter the witness box is again not good enough reason to set aside the departmental enquiry against Mr. Jain as long as there is some plausible evidence to bring home his (Mr. Jain?s) guilt on a preponderance of probabilities. 17. The more important issue really is about the contents of the audio cassettes. The Tribunal concluded that their authenticity could not be accepted. It has, unfortunately, overlooked the fact that the voice of Mr. Jain was recognized in the audio cassettes not only by Mansa Ram and D.K. Varshney but also by Shri R. Kapoor, the then Commissioner of Income Tax, Meerut and two other witnesses, namely, Shri V.K. Nigam and Shri R.P. Saxena who were apparently familiar with Mr. Jain since they were posted in the office of the Commissioner of Income Tax, Meerut. Although there is an allegation that Mr. Nigam and Mr. Saxena may have been pressurized, there is nothing to suggest that Mr. R. Kapoor, the then Commissioner of Income Tax and an officer superior to Mr. Jain, was under any pressure to identify his voice. It does appear that over a period of time the quality of the audio cassettes had diminished but since the conversation was transcribed, all the witnesses could confirm the contents of the audio cassettes on the WP (C) No.1648/2000 Page 12 of 19 basis of the transcribed material. It may be that the transcriptions were not given to Mr. Jain but the audio cassettes were available with him and he had occasion to hear them. It is not as if the absence of the transcription would have caused any prejudice to Mr. Jain since he had the source of the transcription, namely, the audio cassettes. 18. It appears from the record that there may have been long gaps in the contents of the audio cassettes and some disturbances but as we have noted above, this had occurred due to a lapse of time. There is nothing to suggest, other than a bald submission made by learned counsel for Mr. Jain, that the audio cassettes were tampered with. The record of the case shows that the contents of the audio cassettes carry on for more than two hours and it was the submission of learned counsel for the Petitioner, with which we agree, that it would have been very difficult for anyone to mimic, or even dub the voice of Mr. Jain for such a long period of time and thereby befool at least three persons who were officially associated with Mr. Jain, namely, Mr. R. Kapoor, Mr. Nigam and Mr. Saxena. That apart, there is no dispute that the transcriptions contained what was recorded in the audio cassettes and the conversations clearly indicated that a bribe had been given to Mr. Jain. WP (C) No.1648/2000 Page 13 of 19 19. In our opinion, the material on record does not suggest that it is a case where the enquiry officer as well as the UPSC has taken a perverse view of the matter nor is it a case of no evidence. There is undoubtedly some evidence available – how it is to be evaluated is really for the departmental authorities to decide and unless there is any perversity in the view that they have taken, it would not be appropriate either for the Tribunal or for this Court to interfere in the view taken by them. It is necessary to remember that we are not concerned with a criminal case but are only concerned with a departmental enquiry where the standard of proof required is that of a preponderance of probabilities, rather than proof beyond reasonable doubt. Even if two views are possible on the evidence available, it would not be appropriate either for the Tribunal or for this Court to substitute one view for the other merely because the Tribunal or this Court prefers that view. These conclusions on the issues of law are based upon decisions of the Supreme Court, which we will now advert to. 20. It has been held by the Supreme Court in Central Bank of India v. Prakash Chand Jain, AIR 1969 SC 983 that a finding of a domestic tribunal may be held to be perverse if it is not supported by WP (C) No.1648/2000 Page 14 of 19 any legal evidence. According to learned counsel for Mr. Jain, there was no legal evidence on record to suggest the guilt of his client. We cannot agree with this submission since there was sufficient oral testimony on record to suggest that Mr. Jain had demanded and was given a bribe and this is corroborated by the contents of the audio cassettes. If we take both these factors into account, there is little doubt that the case made out by the prosecuting authority is proved against Mr. Jain on a preponderance of probabilities. 21. In B.C. Chaturvedi v. Union of India & Ors., (1995) 6 SCC 749, the Supreme Court held that judicial review is not an appeal from a decision but a review of the manner in which the decision is made. Significantly, the Supreme Court observed in paragraph 12 of the Report:- “Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the court………The Court/Tribunal may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. If the conclusion or finding be such as no reasonable person would have ever reached, the Court/Tribunal may interfere with the conclusion or the finding, and mould the relief so as WP (C) No.1648/2000 Page 15 of 19 to make it appropriate to the facts of each case.” 22. In Government of A.P. & Ors. v. Mohd. Nasrullah Khan, (2006) 2 SCC 373, the Supreme Court reiterated the principles laid down in B.C. Chaturvedi. 23. That the degree of proof required in departmental enquiries is that of a preponderance of probabilities and not proof beyond a reasonable doubt is by now well settled through a series of decisions. We may, in this regard, refer only to Lalit Popli v. Canara Bank, (2003) 3 SCC 583 (Preponderance of probabilities and some material on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct.) and Mazdoor Sangh v. Usha Breco Ltd., (2008) 5 SCC 554 (Before a departmental proceeding, the standard of proof is not that the misconduct must be proved beyond all reasonable doubt but the standard of proof is as to whether the test of preponderance of probability has been met.) 24. Where two views on the evidence are possible, the Tribunal or the Court should not substitute its view for that of the enquiry officer WP (C) No.1648/2000 Page 16 of 19 is well accepted by the Supreme Court in a large number of cases. For example, in West Bokaro Colliery (TISCO Ltd.) v. Ram Pravesh Singh, (2008) 3 SCC 729 it was held: “In a case where two views are possible on the evidence on record, then the Industrial Tribunal should be very slow in coming to a conclusion other than the one arrived at by the domestic tribunal by substituting its opinion in place of the opinion of the domestic tribunal.” 25. Similarly, in Union of India v. Harjeet Singh Sandhu, (2001) 5 SCC 593 it was observed: “If two views are possible, the court shall not interfere by substituting its own satisfaction or opinion for the satisfaction or opinion of the authority exercising the power.” 26. Learned counsel for Mr. Jain reiterated his reliance upon Ram Singh which was taken into consideration by the Tribunal as well. We find from a perusal of this decision that the Supreme Court laid down certain principles for acceptance of a tape-recorded statement in evidence. The first principle laid down is that the voice of the speaker must be identified by the maker of the record or other persons recognizing his voice. As we have noted above, in addition to Mansa Ram and D.K. Varshney, the voice of Mr. Jain was recognized on the WP (C) No.1648/2000 Page 17 of 19 audio cassettes by Mr. R. Kapoor, Mr. Nigam and Mr. Saxena, the last three persons being associates of Mr. Jain in the Income Tax Department. There can, therefore, be little doubt that the voice on the audio cassettes was that of Mr. Jain and the conversations recorded in the audio cassettes were sufficient in the normal course to prove the guilt of Mr. Jain. It may well be that the audio cassettes were not sealed or kept in a safe or official custody and that there was some gaps and disturbance in the recording (as contended by learned counsel for Mr. Jain) but all that we are required to see is whether there is anything to suggest that the audio cassettes were doctored or tampered with. On the record, nothing has been pointed out to us to raise any such doubt except a bald allegation that the audio cassettes have been tampered with. In our opinion, this by itself is not enough. What is important is to show where the alleged tampering has apparently taken place and to what effect. There is no such material pointed out to us from the record of the enquiry officer. Merely to vaguely allege that the audio cassettes have been tampered with, would not be enough. 27. Learned counsel for Mr. Jain referred to Lachmandas v. Deep Chand, AIR 1974 Raj 79 to submit that where a tape-recorded WP (C) No.1648/2000 Page 18 of 19 statement is re-recorded, it is quite possible to tamper with the contents of the original statement. While this is true, in the decision relied upon by learned counsel, the High Court had gone through the transcripts and specific portions thereof were sought to be relied upon to suggest tampering. As we have already noted, no such specific instances have been brought to our notice, or the Tribunal or even the enquiry officer to suggest that the audio cassettes had been tampered with. There can be no presumption that merely because a tape recording has been re-recorded, there must be some tampering. We, therefore, cannot accept the bald contention urged by learned counsel for Mr. Jain. 28. Finally, it was submitted by learned counsel for Mr. Jain that there is a violation of the principles of natural justice in as much as the transcribed version of the audio cassettes was not supplied to his client. In this context, we may draw attention to Haryana Financial Corporation & Anr. v. Kailash Chandra Ahuja, (2008) 9 SCC 31 wherein the Supreme Court has noted a series of decisions and held that even in those cases where procedural requirements have not been complied with, the act under challenge is not ipso facto illegal, unlawful or void unless it is shown that non-observance of the principles of WP (C) No.1648/2000 Page 19 of 19 natural justice has prejudicially affected the person concerned. In the case that we are concerned with, apart from the fact that no prejudice is shown to have been caused to Mr. Jain, even otherwise since the audio cassettes were in fact supplied to him and were available to him, non-supply of the transcribed version of the recorded conversation would not make any material difference to the case. 29. We find no merit in the submissions made by learned counsel for Mr. Jain. Accordingly, we allow the writ petition and set aside the impugned judgment and order dated 1st March, 1999. Any payments made to Mr. Jain towards pension benefits, during the pendency of this writ petition, will not be recovered from him. No costs. MADAN B. LOKUR, J July 23, 2009 A.K. PATHAK, J
                   
                     

                     

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Court Allahabad High Court
Head Note Interiem Bail pending final disposal of Bail u/s 389 Cr.P.C. - "Otherwise also General Rules (Criminal), applicable to lower courts and High Court Rules, applicable to high court, both provide for giving of notice of the bail application to the public prosecutor and as a well ingrained practise hearing of public prosecutor in matter of consideration of bail applications has become the rule of law. Consequently the law relating to the procedure to be followed in matters of consideration of bail applications prior to conviction holds good for post-conviction bail applications also. In this respect a full bench of our court in Smt.Amarawati's case(Supra) has held that interim bail pending consideration of final bail is permissible. It has been held therein as under- "40. We again make it clear that the learned Sessions Judge in his discretion can hear and decide the bail application under Section 439 on the same day of its filing provided notice is given to the Public Prosecutor, or he may not choose to do so. This is entirely a matter in the discretion of the learned Sessions Judge. There may also be cases where the learned Sessions Judge on the material available before him may decide to grant interim bail as he may feel that while he has sufficient material for giving interim bail he required further material for grant of final bail. In such cases also he can in his discretion, grant interim bail and he can hear the bail application finally after a few days. All these are matters which should ordinarily be left to his discretion." The aforesaid opinion by this court got it's approval by the apex court inLal kamlendra Pratap Singh versus State of Uttar Pradesh And Others: (2009) SCC 437 wherein it has been held by the apex court as under:- "Learned counsel for the appellant apprehends that the appellant will be arrested as there is no provision for anticipatory bail in the State of U.P. He placed reliance on a decision of the Allahabad High Court in Amarawati v. State of U.P. in which a seven-Judge Full Bench of the Allahabad High Court held that the court, if it deems fit in the facts and circumstances of the case, may grant interim bail pending final disposal of the bail application. The Full Bench also observed that arrest is not a must whenever an FIR of a cognizable offence is lodged. The Full Bench placed reliance on the decision of this Court in Joginder Kumar v. State of U.P. We fully agree with the view of the High Court in Amarawati case and we direct that the said decision be followed by all courts in U.P. in letter and spirit, particularly since the provision for anticipatory bail does not exist in U.P. In appropriate cases interim bail should be granted pending disposal of the final bail application, since arrest and detention of a person can cause irreparable loss to a person's reputation, as held by this Court in Joginder Kumar Case. Also, arrest is not a must in all cases of cognizable offences, and in deciding whether to arrest or not the police officer must be guided and act according to the principles laid down in Joginder Kumar Case." Thus from the above discussion the law has been crystallised that pending consideration of final bail prayer an accused can be granted interim bail and hence the answer to the mooted question is that the proviso to section 389 of the Code does put an embargo nor does it curtails power of appellate court to grant interim bail. A Proviso cannot take away right conferred by parent provision and has to be read down to harmonise it with the parent section. On this aspect support can be had from apex court decision in Dadu alias Tulsidas(Supra) wherein Apex Court has observed as under:- "Providing a right of appeal but totally disarming the Court from granting interim relief in the form of suspension of sentence would be unjust, unfair and violative of Art. 21 of the Constitution particularly when no mechanism is provided for early disposal of the appeal. The pendency of criminal litigation and the experience in dealing with pending matters indicate no possibility of early hearing of the appeal and its disposal on merits at least in many High Courts. As the present is not the occasion to dilate on the causes for such delay, we restrain ourselves from that exercise. In this view of the matter, the appellate powers of the Court cannot be denuded by Executive or judicial process".- Allahabad High Court - Dated 14/09/2011.   Read Judgement

Court Allahabad High Court
Head Note Non Compliance of Section 8(c),42(1)(2),50,57 N.D.P.S.Act and 100,165,313 Cr.P.C.- Its effect - Fatal to Prosecution.
Case Laws Discussed:
1.State of Rajasthan versus Shanti: AIR 2010 SC 43
2.Sarju versus State of U.P. AIR 2009 SC 3214
3.Constitution Bench of this Court in Karnail Singh v. State of Haryana [2009 (10) SCALE 255]
4.Abdul Rashid Ibrahim Mansuri v. State of Gujarat
[(2000) 2 SCC 513]
5. Sajan Abraham v. State of Kerala [(2001) 6 SCC 692]
6.Dilip versus Sate of M.P. :AIR 2007 SC 369
7.State of Punjab vs. Balbir Singh [(1994) 3 SCC 299]
8.State of West Bengal Versus Babu Chakraborty : AIR 2004 SC 4324
9.State of Punjab v. Balbir Singh, (1994) 3 SCC 299
10.State of Punjab v. Baldev Singh (1999) 6 SCC 172,Constitution Bench
11.Union Of India Versus Shah Alam and others : AIR 2010 SC 1785
12.Dilip and Another v. State of M.P. (2007) 1 SCC 450 : (2006 AIR SCW 6246)
13.State of Punjab versus Hari Singh: AIR 2010 SC 1966
14.Avtar Singh and Ors. v. State of Punjab (2002 (7) SCC 419)
15.Ganesh Gogoi versus State of Assam : AIR 2009 SC 2955
16.Basavaraj R. Patil and others v. State of Karnataka and others - (2000) 8 SCC 740
17.Ranvir Yadav versus State of Bihar: AIR 2009 SC (Suppl) 1439 - Allahabad High Court.
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Court Allahabad High Court
Head Note C.B.I.directed to investigate CMO`s Murders - Allahabad High Court - Dated 29/07/2011.   Read Judgement

Court Allahabad High Court
Head Note Dr. Sachan`s Murder Case - Investigation ordered to be conducted by C.B.I.- Lucknow Bench, Allahabad High Court-Dated 14/07/2011.   Read Judgement

Court Allahabad High Court
Head Note Notification No. (S.I.2942 [E]) Dated 18.11.2009 issued by the Government of India, providing that not only the weight of Heroin found on analysis but the entire substance is to be taken into account while deciding the quantity -

Held "This notification can not be applied retospectively and has no aplication in instant case"-
Bail Allowed.-Allahabad High Court - Dated 30/05/2011.
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Court Allahabad High Court
Head Note "Exhibits Ka 15 and 16 have been got proved and exhibited by the prosecution itself and therefore it can not now resile from it`s contents." - Documents produced by Prosecution binding on them - Alladabad High Court - Dated 25/05/2011.   Read Judgement

Court Allahabad High Court
Head Note Bail to Juvenile : "Merely by declaration of being a juvenile does not entitle a juvenile in conflict with law to be released on bail as a matter of right"-Section 12 analysed - Allahabad High Court - Dated 24.05.2011   Read Judgement

Court Allahabad High Court
Head Note Directions to CBI to investigate any other offence-" The direction to CBI to investigate "any other offence" is wholly erroneous and cannot be sustained. Obviously, direction for investigation can be given only if an offence is, prima facie, found to have been committed or a person`s involvement is prima facie established, but a direction to CBI to investigate whether any person has committed an offence or not cannot be legally given. Such a direction would be contrary to the concept and philosophy of "LIFE" and "LIBERTY" guaranteed to a person under Article 21 of the Constitution. This direction is in complete negation of various decisions of this Court in which the concept of "LIFE" has been explained in a manner which has infused "LIFE" into the letters of Article 21"- Allahabad High Court- Dated 20/05/2011.   Read Judgement

Court Allahabad High Court
Head Note False Case against Civil Judge J.D.,Nazibabad by U.P. Police in connivance with Administration - " We are constrained to observe that it is indeed a serious matter that even a judicial officer has not been spared and every effort has been made to browbeat him by the administration.":Allahabad High Court-Dated 17/05/2011.   Read Judgement

Court Allahabad High Court
Head Note Allahabad High Court directs Central and U.P.Govt.to amend sec. 354 I.P.C.triable by court of sessions and non-bailable:"Looking to the rampant and daily increasing prevalence of such crimes of sexual violence in the State of U.P., in Delhi and in other places we think that it is high time that the State of U.P. and even the Union of India should become sensitive to this grave issue, and consider imposing stringent laws for putting a check on such crimes of sexual violence against women and children. We therefore recommend that the State of U.P. and the Union of India consider amending the provisions of section 354 IPC and the First Schedule to the Code of Criminal Procedure by prescribing a higher sentence for the offence and for making it non-bailable and triable by a Court of Session. Copy of this order may be forwarded to the Law Commissions, of U.P and the Centre, and also to the Law( Secretary) U.P. and the Union of India within 15 days for appropriate action and recommendations." - Allahabad High Court - Dated 09/05/2011.   Read Judgement

Court Allahabad High Court
Head Note If the trial of a juvenile offender has already commenced, the provisions of Section 20 of Juvenile Justice Act will have applicability.
Perusal of the record in the instant revision indicates that the trial was pending since last seven years. The trial is at the fag-end as the entire evidences of the prosecution and the accused have already been over. It is at this stage of the fag-end of the trial that the revisionist has prayed vide Paper No. 275 Kha to send his matter to the Juvenile Justice Board, which prayer has been refused by impugned order dated 8.2.2011.
It seems that only to delay the trial and lingering on the proceedings of a murder and an attempt to murder case, the said application was filed by the revisionist. When the evidences were being led and the accused were cross examining the witnesses, no grievance was raised by the revisionist for sending his matter to the Juvenile Justice Board. Much of the water has already been flown and it is too late in the day for the revisionist to rue that his matter has not been transferred to juvenile Justice Board. Opinion of the trial Judge as is recorded in the impugned order dated 8.2.2011, cannot be said to be arbitrary and illegal.
This revision being bereft of merits, is hereby dismissed:Allahabad High Court.Dated 30/03/2011.
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Court Allahabad High Court
Head Note Transfer Petition -"The sessions trial is about to conclude. Most of the arguments have been heard by Mr. Ramashraya Singh, Additional Sessions Judge, therefore, at this juncture, transfer of the case would not only be improper but would also result in causing delay in the disposal of the case. It is true that the presiding officer has closed the arguments and required the accused to file written arguments but still it is open to the learned Additional Sessions Judge to permit the accused to make oral submissions also. It is expected that the learned Additional Sessions Judge will proceed accordingly if any request for oral submission is made from the accused persons or their counsel, whose arguments (oral submissions) have not been heard. ... For the reasons discussed above, the transfer application has no merit and is accordingly dismissed" : Allahabad High Court. ________________________________________   Read Judgement

Court Allahabad High Court
Head Note Appeal against conviction under 307 IPC-Medical Report cooked up-Investigation not fair-313 Cr.PC not complied with-appeal allowed-conviction set aside.- Allahabad High Court.   Read Judgement

Court Delhi High Court
Head Note There was a time gap of about three hours between the point of time when the accused and the deceased were last seen together. Even otherwise the last seen evidence has to be connected with some other corroboration.
... PW14 had only seen the deceased along with the accused, merely this evidence was not sufficient to prove the circumstance of last seen.
18. Therefore, we discard the testimony of PW14 as we have found serious improbability in the version of the last seen evidence
It is settled law that in a case based on circumstantial evidence the prosecution has to prove all the incriminating circumstances beyond any shadow of reasonable doubt and the circumstances so proved should complete the chain of events linking the accused with commission of the crime. There should not be left any chinks in such a chain and no circumstance should be of such a nature which could lead to any inference of innocence of the accused. All circumstances so alleged and proved must show the involvement of the accused in the crime.
28. It is settled law that if the motive which is set out by the prosecution is not proved beyond shadow of reasonable doubt the other incriminating circumstantial evidence may lose its importance and it may lead the court to draw an inference that perhaps the appellant was not involved in this crime.
Accused given benefit of doubt and acquitted:Delhi High Court-MANMOHAN SINGH, J BADAR DURREZ AHMED, J
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Court Allahabad High Court
Head Note Section 319 Criminal Procedure Code: No person can be added as accused under Section 319 Cr.P.C. after closer of the case:Allahabad High Court.   Read Judgement

Court Allahabad High Court
Head Note Cognizance of offence-Passing of the summoning order without obtaining relevant materials in support of the information,not proper. Summoning order quashed:Allahabad High Court.   Read Judgement

Court Chhattisgarh High Court
Head Note Hostile Witness- Binding on prosecution- CHATTISGARH HIGH COURT JUDGEMENT DATED-10 FEB 2011   Read Judgement

Court Delhi High Court
Head Note The distinction between the nature of burden that rests on an accused under Section 105, Evidence Act to establish a plea of self-defence and the one cast on the prosecution by Section 101 to prove its case is overlooked-The appellant has been able to establish a preponderance of probabilities in favour of the plea of private defence-The appeal is allowed. --DELHI HIGH COURT-JUDGEMENT DATED- 19.1.2011   Read Judgement

Court Delhi High Court
Head Note NO MOTIVE-RECOVERY NOT FREE DOUBTS-CHAIN OF CIRCUMSTANCE NOT COMPLETE-LAST SEEN DOUBTED-APPEAL ALLOWED- DELHI HIGH COURT-DATED 04.01.2011   Read Judgement

Court Allahabad High Court
Head Note 156(3)Cr.pc-Interlocutory Order-no criminal revision will lie against the orders passed by the Magistrate directing investigation under section 156(3) Cr.P.C- ALLAHABAD HIGH COURT-FULL BENCH-DATED 20 DEC 2010   Read Judgement

Court Allahabad High Court
Head Note FIR -Arrest of the petitioners stayed as a consequence of FIR - Allahabad High Court- Dated 10/12/2010   Read Judgement

Court Delhi High Court
Head Note FIR-to be displayed on Delhi Police website- ---Delhi High Court passes directions : (A) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C. (B) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative / agent / parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours. (C) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C. (D) The copies of the FIR, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the Delhi Police website within twenty-four hours of lodging of the FIR so that the accused or any person connected with the same can download the FIR and file appropriate application before the court as per law for redressal of his grievances. (E) The decision not to upload the copy of the FIR on the website of Delhi Police shall not be taken by an officer below the rank of Deputy Commissioner of Police and that too by way of a speaking order. A decision so taken by the Deputy Commissioner of Police shall also be duly communicated to the Area magistrate. (F) The word =sensitive‘ apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. (G) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation with the Commissioner of Police who shall constitute a committee of three high officers and the committee shall deal with the said grievance within three days from the date of receipt of the representation and communicate it to the grieved person. (H) The Commissioner of Police shall constitute the committee within eight weeks from today. (I) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused / his authorized representative / parokar to file an application for grant of certified copy before the court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned court not beyond three days of the submission of the application. (J) The directions for uploading the FIR on the website of the Delhi Police shall be given effect from 1st February, 2011   Read Judgement

Court Allahabad High Court
Head Note First Information Report- Sec 306/504/120B IPC- FIR-Arrest of the petitioners stayed as a consequence of FIR-Order-Allahabad High Court, Dated-29-11-2010   Read Judgement

Court Allahabad High Court
Head Note A word used at different place in the Act or Rule may have different meaning according to its context--ALLAHABAD HIGH COURT-- Order Dated - 26/10/2010 at Allahabad.   Read Judgement

Court Allahabad, Lucknow Bench -Justice S U Khan, Justice Sudhir Agarwal,Justice D V Sharma .J,J,J
Head Note AYODHYA RAM JANM BHOOMI-BABRI MASZID TITLE CASE--held--Ram Lala Idol not to be removed- Sunni Wakf Board suit dismissed.-- 1. Whether the disputed site is the birth place of Bhagwan Ram? The disputed site is the birth place of Lord Ram. Place of birth is a juristic person and is a deity. It is personified as the spirit of divine worshipped as birth place of Lord Rama as a child. Spirit of divine ever remains present every where at all times for any one to invoke at any shape or form in accordance with his own aspirations and it can be shapeless and formless also. 2. Whether the disputed building was a mosque? When was it built? By whom? The disputed building was constructed by Babar, the year is not certain but it was built against the tenets of Islam. Thus, it cannot have the character of a mosque. 3. Whether the mosque was built after demolishing a Hindu temple? The disputed structure was constructed on the site of old structure after demolition of the same. The Archaeological Survey of India has proved that the structure was a massive Hindu religious structure. 4. Whether the idols were placed in the building on the night of December 22/23rd, 1949? The idols were placed in the middle dome of the disputed structure in the intervening night of 22/23.12.1949. 2 5. Whether any of the claims for title is time barred? O.O.S. No. 4 of 1989, the Sunni Central Board of Waqfs U.P., Lucknow and others Vs. Gopal Singh Visharad and others and O.O.S. No.3 of 1989, Nirmohi Akhara and Another Vs. Sri Jamuna Prasad Singh and others are barred by time. 6. What will be the status of the disputed site e.g. inner and outer courtyard? It is established that the property in suit is the site of Janm Bhumi of Ram Chandra Ji and Hindus in general had the right to worship Charan, Sita Rasoi, other idols and other object of worship existed upon the property in suit. It is also established that Hindus have been worshipping the place in dispute as Janm Sthan i.e. a birth place as deity and visiting it as a sacred place of pilgrimage as of right since time immemorial. After the construction of the disputed structure it is proved the deities were installed inside the disputed structure on 22/23.12.1949. It is also proved that the outer courtyard was in exclusive possession of Hindus and they were worshipping throughout and in the inner courtyard (in the disputed structure) they were also worshipping. It is also established that the disputed structure cannot be treated as a mosque as it came into existence against the tenets of Islam.......Allahabad High Court, Lucknow Bench   Read Judgement

Court Punjab and Haryana High Court
Head Note BAIL ALLOWED-Appeal is not likely to be heard in near future- PUNJAB AND HARYANA HIGH COURT-DATED 23rd SEPTEMBER 2010   Read Judgement

Court Allahabad High Court
Head Note No opportunity is required to be given if selection is made on the basis of a forged marksheet--ALLAHABAD HIGH COURT--Judgment/Order Dated - 25/8/2010 at Allahabad.   Read Judgement

Court Allahabad High Court
Head Note Witness Protection : Witness protection programme is an important aspect of criminal justice system: without it, no reforms are possible. If witnesses are afraid to come forward then irrespective of any measures justice cannot be administered. This case is a pointer - Allahabad High Court.   Read Judgement

Court Allahabad High Court
Head Note There was no pre-meditation or pre-plan on the part of the appellant to cause death of the deceased, and the occurrence had taken place when the deceased, with another had entered the field of the appellant and engaged himself in an altercation with the appellant when the appellant had refused to part with bitterguard. Having regard to the attending circumstances in which the incident had taken place, this Court is of the opinion that the interest of justice would be served if the appellant is sentenced to rigorous imprisonment for five years for commission of offence punishable under Section 304, Part II, IPC."   Read Judgement

Court Allahabad High Court
Head Note Dying declaration before police is admissible u/s 162 (2) CrPC.--ALLAHABAD HIGH COURT--Judgment/Order - Judgment/Order Dated - 16/4/2010 at Allahabad.   Read Judgement

Court Delhi High Court
Head Note Intention to Cause Death : He who inflicts 13 stab wounds on the vital part of the body of a human being using a dagger having a blade of 21 cms length would certainly be attributed with the intention to cause the death of the victim : Delhi High Court.   Read Judgement

Court Allahabad High Court
Head Note Circumstantial Evidence - Recovery of body and cycle of deceased from the appellant-witnesses reliable-Conviction Maintained : Allahabad High Court.   Read Judgement

Court Delhi High Court
Head Note Period of Limitation : The period of limitation would start only from the date when ultimately, it was held by the competent Court that the criminal prosecution was a false prosecution. It is well-know maxim of law that an appeal/ revision is continuity of the criminal trial and criminal trial finally comes to an end when the last Court i.e. the Supreme Court, give its verdict: Delhi High Court.   Read Judgement

Court Delhi High Court
Head Note Culpable Homicide not amounting to Murder : Accused causing death by his lisence weapon in marriage ceremony-convicted u/s 304II IPC for imprisionment of eight months already undergone and pay 3.5 lacs to dependant-2005 (116) DLT 634 Nehru Jain Vs. State NCT of Delhi Followed : Delhi High Court.   Read Judgement

Court Delhi High Court
Head Note Anticipatory Bail : Anticipatory Bail can not be denied merely on the ground that charge-sheet has been filed or the court has taken the cognizance- bail allowed- Supreme Court Followed : Delhi High Court- 26/02/2010.   Read Judgement

Court Delhi High Court
Head Note Circumstantial Evidence : : Delhi High Court.   Read Judgement

Court Calcutta High Court
Head Note Delay in lodging FIR in Rape case : i) When there was considerable delay and the delay was not properly explained benefit must go to the defence. ii) A rape victim may think seriously before lodging complaint to the police as the onslaught of a social stigma may haunt her for life. Hence, delay might be possible in the case of a like nature. iii) If the complainant was victim and was injured in the incident delay in lodging the complaint would not be fatal : Calcutta High Court.   Read Judgement

Court Allahabad High Court
Head Note Case of circumstantial evidence : Whether the circumstances against the appellant are established and lead only to his guilt or not- all circumstances must be proved : Allahabad High Court.   Read Judgement

Court Allahabad High Court
Head Note Cancellation of Bail : In Mubarak Dawood Shaikh v. State of Maharashtra: 2004 (2) SCC 362, State of U.P. v. Amarmani Tripathi:2005 (8) SCC 21, and Kalyan Chandra Sarkar v. Rajesh Ranjan: 2004(7) SCC 528 it was observed that even when there is a prima facie apprehension of the likelihood of an attempt to derail the course of justice by tampering with the witnesses, the Court would be fully justified in cancelling the bail. Here as we have seen the eye witness, had actually turned hostile, and it was not only a case of an apprehension that an attempt would be made to tamper with the witnesses.Followed: Allahabad High Court.   Read Judgement

Court Allahabad High Court
Head Note Out of 17 general posts, 12 posts have been filled-up from the candidates belonging to the reserved category-on merit:Allahabad High Court.   Read Judgement

Court Punjab and Haryana High Court
Head Note ANTICIPATORY BAIL-Section 438 CR.P.C-Inconsistency in medical report-Bail Allowed- PUNJAB AND HARYANA HIGH COURT-DATED-2OTH NOV 2009   Read Judgement

Court Allahabad High Court
Head Note Recovery Of Heroine:The recovery was made from the basement of building belonging to Mohd.Mobin Khan. It is also very strange that why would the applicant plant the recovered heroine and then would make a cool statement before officials that he himself had planted the heroinea:Allahabad High Court-Bail Granted   Read Judgement

Court Allahabad High Court
Head Note Recovery of 20 Kg. Charas- Bail Refused-Dilip and another Vs. State of M.P. (2007) 1 Supreme Court Cases 450 , Ritesh Chakarvarti Vs. State of M.P. reported in (2006) 12 Supreme Court Cases 321,State of H.P. v. Pawan Kumar (2005) 4 SCC 350: 2005 (1) EFR 2008 Discussed : Allahabad High Court   Read Judgement

Court Bombay High Court
Head Note For the purposes of deduction under Chapter VIA, the gross total income has to be computed inter alia by deducting the deductions allowable under section 30 to 43D of the Act, including depreciation allowable under section 32 of the Act, even though the assessee has computed the total income under Chapter IV by disclaiming the current depreciation : Bombay High Court   Read Judgement

Court Allahabad High Court
Head Note chargesheet for the offence under section 3(1)(X) SC/ST Act submitted by the Circle Officer concerned on the basis of the investigation carried out by the Sub-Inspector not valid   Read Judgement

Court Delhi High Court
Head Note The proximity of place of last seen vis-à-vis the place of murder having snapped in the instant case, we are of the opinion that in the facts of this case, it would be unsafe to conclude against the guilt of the appellant on the solitary circumstance of his seen in the company of the deceased in the house of the father of the deceased which house is at a distance of about 2 km from the place where the deceased: Delhi High Court   Read Judgement

Court Allahabad High Court
Head Note Application of judicial mind:Judicial Magistrate II, Court No. 14 Saharanpur, has passed the impugned order ignoring all judicial discipline. She has not at all applied her judicial mind and had only referred some of the judgements of this court, which are contrary to the opinion of the apex court, rendered in many decisions. Judicial order should be passed by applying judicial mind. By this judgement, I severely criticise the conduct of Judicial Magistrate, II, Saharanpur and record my serious displeasure against her order for passing such type of illegal orders. Judicial Magistrate II Court No. 14, Saharanpur is warned for future and is cautioned to be careful in passing judicial orders. She should have thought of that rape not only causes physical injury to the victim, but it leave scare on mind for life long and implant the victim with such ignominy, which is worst than her death and I say no more. Though, I was inclined to refer this matter to Administrative Committee for taking action against Judicial Magistrate II, Court No. 14 Saharanpur, but only for the reason that she is a young officer and have long career ahead, I refrain from such a stringent action:Allahabad High Court   Read Judgement

Court Allahabad High Court
Head Note On granting bail by one judge to any accused, another judge is not under obligation to grant bail to similarly placed accused on the basis of parity :Allahabad High Court   Read Judgement

Court Allahabad High Court
Head Note Murder-single blow-intention to murder absent-partly allowed-convicted u/s 304 part 1-sentence of 7 years R.I. implanted: Allahabad High Court   Read Judgement

Court Punjab and Haryana High Court
Head Note Pre-arrest bail prayer refused:Punjab & Haryana High Court   Read Judgement

Court Delhi High Court
Head Note Limitation- Complaint barred by-calculation of mandatory 15 days period for notice under Negotiable Instrument Act: Delhi High Court   Read Judgement

Court Allahabad High Court
Head Note 302 IPC- FIR anti-timed-informant presence doubtful-investigation tainted-conviction set aside 302 IPC:Allahabad High Court   Read Judgement

Court Allahabad High Court
Head Note 304-B-Sentence of life imprisionment-Cause of death not known-Sentence reduced to 10 years R.I. and fine of Rs. 2,00,000/-: Allahabad High Court   Read Judgement

Court Punjab and Haryana High Court
Head Note Anticipatory Bail of Unit Manager of ICICI Company Deepak Kapila rejected : Punjab & Haryana High Court   Read Judgement

Court Allahabad High Court
Head Note Transfer Matters:In view of the law laid down by the Apex Court in the case of Mrs. Shilpi Bose v. State of Bihar and others [AIR 1991 SC 531], Article 226 of the Constitution of India not to be invoked:Allahabad High Court   Read Judgement

Court Delhi High Court
Head Note The degree of proof required in departmental enquiries is that of a preponderance of probabilities and not proof beyond a reasonable doubt, is now well settled through a series of decisions by Apex Court: Delhi High Court.   Read Judgement

Court Punjab and Haryana High Court
Head Note Protection of life and liberty-petitioners are major and have married against the wishes of their parents.Proof of age and marriage certificated produced. Directions to SSP to look representation and take action: Punjab & Haryana High Court.   Read Judgement

Court Punjab and Haryana High Court
Head Note Apprehending - arrest and also harassment by the police and family members of petitioner- both major and married-Directions to SSP for proctection of life and liberty: Punjab & Haryana High Court   Read Judgement

Court Allahabad High Court
Head Note Adult woman entitle to live independely and not to be detained in Nari Niketan because matter communally sensitive or parents unwilling to take her: Allahabad High Court [D.B.]   Read Judgement

Court Bombay High Court
Head Note The exercise of monitoring the investigation and the power vested in the High Court to issue a writ of continuing mandamus would depend on the facts and circumstances of each case. Where the investigation is so very unjust and unfair and is in unlawful exercise of statutory discretion, the court could interfere and monitor the investigation even after a report under section 173 of the Criminal Procedure Code, 1973 has been filed before the Court of competent jurisdiction: Bombay High Court   Read Judgement

Court Punjab and Haryana High Court
Head Note All the prosecution witnesses have been examined U/S 498-A,406,304-B,34 IPC, no ground for grant of bail made out.Bail refused:Punjab & Haryana High Court.   Read Judgement

Court Bombay High Court
Head Note Dowery Death:The antemortem injuries establish that soon before her death, she was subjected to cruelty. There was a demand for Rs.40,000/- which the deceased’s father could not fulfill. Circumstances establish that the harassment was in connection with dowry demand. Presumption under Section 113-B of the Evidence Act must, therefore, arise. The appellant’s failure to explain how the deceased received ante-mortem injuries provide an important link in the chain of circumstances. Conviction affirmed: Bombay High Court.   Read Judgement

Court Allahabad High Court
Head Note Recovery could not be initiated against the petitioner under the statutory provisions of assessment on the ground of theft of electricity, until petitioner s objection is decided, as per Cl.8.1 Electricity Supply Code ,2005 : ALL.H.C.   Read Judgement

Court Allahabad High Court
Head Note Only after the declaration of the result the petitioner has now started claiming that her candidature should be treated as Scheduled Caste candidates. This change cannot be permitted at such a belated stage.Petition dismissed: All. H.C.   Read Judgement

Court Allahabad High Court
Head Note Small or commercial quantity of Narcotic Drug is to be determined on the basis of actual contents in such drug - percentage of heroin in the recovered contraband was found 31.25%, meaning thereby that actual weight of heroin in the recovered contraband comes 93.75 gm, which is below commercial quantity as per entry 56 of Notification dated 19.10.2001 issued by Central Government -Bail granted: All. H.C.   Read Judgement

Court Delhi High Court
Head Note Section 377 IPC, insofar it criminalises consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex ....Delhi High Court   Read Judgement

Court Allahabad High Court
Head Note Second bail application on the same grounds is not maintainable : Allahabad High Court.-• Satya Pal Vs. State of U.P. 1998(37) ACC 287, Gama and another v. State of U.P. 1986 (23) ACC 339, • State of Maharashtra Vs. Buddhikota Subha Rao 1989(26) ACC 503(SC), • Babu Singh Vs. State of U.P. 1978 Cr. L. J. 651 (SC), • Shahzad Hasan Khan V. Ishtiaq Hasan Khan 1987(24) ACC 425(SC) , • Kalyan Chandra Sarkar etc. Vs. Rajesh Ranjan @ Pappu Yadav and another 2005(51) ACC 727 (SC). , • Pramod Kumar Saxena vs. Union of India and others 2008 (63) ACC 115[SC]- Discussed.   Read Judgement

Court Bombay High Court
Head Note State Government shall immediately take steps to train its all Executive Magistrates so that they understand as to how the provisions of Chapter VIII of the Criminal Procedure Code have to be applied : Bombay HIgh Court   Read Judgement

Court Punjab and Haryana High Court
Head Note In Petition to protect the life and liberty of the petitioners Superintendent of Police, Yamuna Nagar ordered to take an appropriate action on the petition: Punjab & Haryana High Court   Read Judgement

Court Allahabad High Court
Head Note Whether the principle of parity can be the sole ground for granting Bail ? No :Allahabad High Court   Read Judgement

Court Allahabad High Court
Head Note Revision against summoning order maintainable and not barred under sub section (2) of section 397 Cr.P.C.;Hon. Vijay Kumar Verma,J.: Allahabad High Court   Read Judgement

Court Allahabad High Court
Head Note Long incaricuration in jail during trail is not perse illegal and would not be voilative of article 21 of constitution of India.   Read Judgement

Court
Head Note Notice to the prospective accused is not required to be issued prior to passing the order under section 319 Cr.P.C.:Allahabad High Court   Read Judgement

Court
Head Note Merely ownership of the weapon did not makes out a case under Section 307 IPC and in any event Section 27 has no application.   Read Judgement

Court
Head Note Jail Detention during trial not perse illegal and not be violative of article 21 of Constitution...: ALL. H.C. Pramod Kumar Saxena vs. Union of India and others 2008 (6 ACC 115, in which the Hon. Apex Court has held that mere long period of incarceration in jail would not be per-se illegal-Followed   Read Judgement

Court
Head Note Jail Detention during trial not perse illegal and not be violative of article 21 of Constitution...: ALL. H.C. Pramod Kumar Saxena vs. Union of India and others 2008 (6 ACC 115, in which the Hon. Apex Court has held that mere long period of incarceration in jail would not be per-se illegal-Followed   Read Judgement

Court
Head Note Transfer Aplication- Supereme Court transfered the case to faimily court Banglore, where husband and wife last resided-Divorce petiton.   Read Judgement

Court
Head Note Death sentence in case of rape and murder of 10 years girl reduced to life inprisionment, case does not fall rare of rarest. Bachan Singh case followed.: SUPEREME COURT   Read Judgement

Court
Head Note Evidence did not attribute any overt act to the appellant. The mere fact that he was in the company of the accused who were armed would not be sufficient to attract aplicability of section 34 IPC, accused acquitted : supreme court   Read Judgement

Court
Head Note The mere fact that one of the members of the Board or the District Magistrate or the Superintendent of Police or the Panchayat has recommended release of the convict from jail, is by itself of no consequence. The recommendation is of the Board and not........:SUPREME COURT   Read Judgement

Court
Head Note SUB-BROKER CARRYING BUISNESS WITHOUT SEBI REGISTRATION EFFECT:POWERS OF TRIBUNAL IMPOSITION OF PENALTY -SCOPE OF: SUPREME COURT   Read Judgement

Court
Head Note Finding of trial judge regarding time of incident on the basis of stomach contents of deceased rejected,and high court view approved, conviction maintained: SUPREME COURT   Read Judgement

Court
Head Note Section 302 read with 149 IPC:The role attributed was throwing bricks towards house of Aurangjeb, death was caused by gun shot,although accused did not caused fatal blow to deceased,but conviction maintained with help of 149 IPC.As,the acquitted accused were not mere onlookers, but they were members of unlawful assembly and they also had taken active part in the incident by throwing bricks thereby causing injuries to the injured Aurangzeb and Smt. Akbari.   Read Judgement

Court
Head Note Absence of direct evidence of complicity of accused-319 cr.p.c. not be invoked.   Read Judgement

Court
Head Note An apprentice is not an employee : Supereme Court   Read Judgement

Court
Head Note Vicarious Liability u/s 34 IPC -Bail can not be refused :Allahabad High Court,Hon. Shiv Charan,J. Hon. Vijay Kumar Verma,J.   Read Judgement

Court
Head Note Banks Recovery of loans or seizure of vehicles can only be done through legal means- Banks not to resort to use of muscle power for recovery of loans and persistently bothering borrower at odd hours   Read Judgement

Court
Head Note Dyeing recorded by SHO in presence of doctor of hospital accepted by Supreme Court to base conviction- rules regarding recording of dyeing declaration by magistrate held merely procedural.   Read Judgement

Court
Head Note Division Bench referance answered in Neera Yadev case.----Section 19 Prevention of Corruption Act and 197 Criminal Procedure Code,120-B IPC   Read Judgement

Court
Head Note Delay in FIR, Lack of names of witnesses at first instance, Statement to CRPF withheld by prosecution- all these stereo type arguments discarded, in the circumstances of the case.   Read Judgement

Court
Head Note In appropriate cases, interim bail may be granted by subordinate courts pending disposal of bail applications.   Read Judgement

Court
Head Note Aggressor has no right of private defence. Active participation is not essential FOR applicability of section 149 IPC.   Read Judgement

Court
Head Note Mentioning the names of accused and witensses is not the requirement of law. In case of direct evidence, absence of motive looses significance.   Read Judgement

Court
Head Note Section 3(2)(v) SC/ST not be attracted in cases where the offence committed under IPC is punishable less than ten years imprisonment.   Read Judgement

Court
Head Note Interest is payable even if possession is taken prior to notification u/s 4 of the Land Acquisition Act.   Read Judgement

Court Bombay High Court
Head Note Law laid down in Anant Vasantlal Sambre and Manohar Martandrao Kulkarni’s cases no more a good law to that extent.It is not a requirement under section 3 of the Atrocities Act that the complainant should disclose the caste of the accused in the complaint: Bombay High Court-Full Bench   Read Judgement

Court
Head Note Medical evidence inconsistent to oral eye witness account,Held"conviction u/s 302 IPC can not be maintained and altered to 326 IPC   Read Judgement

Court
Head Note ALL. H.C.: Existence of an arbitration agreement is a sine quo non for invoking the jurisdiction of the court u/s 9 of the Arbitration & Conciliation Act 1996   Read Judgement

Court
Head Note S.C.:Question of law not framed by high court, so case remmitted back.   Read Judgement

Court
Head Note Separate conviction and sentence under section 3(2)(5) SC/ST Act simplicitor is illegal--Allahabad High Court   Read Judgement

Court
Head Note All.H.C.;Magistrate having no jurisdiction to take cognizance of the offence can not pass the order for investigation under section 156(3) Cr.P.C.   Read Judgement

Court
Head Note All. H.C.:The Magistrate can pass order for further investigation on the final report.   Read Judgement

Court
Head Note All.H,C.:Carrying the cow, bull or bullock within the State for slaughtering is no offence under Cow Slaughter Act   Read Judgement

Court
Head Note All. H.C.:Second or subsequent bail application can be considered on new ground or change of law.   Read Judgement

Court
Head Note All.H.C.:Participation of all the accused in criminal act by doing some overt act is not necessary to attract Section 34 of I.P.C.   Read Judgement

Court
Head Note All.H.C.:There is no parity in rejection of bail.   Read Judgement

Court Punjab and Haryana High Court
Head Note Murder Reference No.1 of 2007 accepted and confirmed the death sentence awarded by the trial Court. Resultantly, Crl.Appeal No.105-DB of 2007 (Vikram Singh @ Vicky Walia and others versus State of Punjab) dismissed:Punjab & Haryana High Court   Read Judgement

Court Allahabad High Court
Head Note Held"(1) The respondents shall not consider the applications submitted in pursuance of the advertisement dated 22nd October, 2003 (Annexure-2) for the time being and keep the process of appointment in abeyance so far as the petitioners are concerned;
(2) Applications of the petitioners for renewal shall be considered first, as required under Para 7.08 of the L.R. Manual and to be disposed of by a speaking and reasoned order;
(3) While considering the applications for renewal, the findings of fact shall be recorded by the authority concerned as to whether initial appointment of the petitioners had been made in accordance with law and in case, answer is negative, the applications for renewal shall be rejected forthwith.
(4) In case, the applications of the petitioners or any of them is rejected and renewal is not made, the said vacancies shall be filled up by the respondents in accordance with the procedure prescribed under Paras 7.03 and 7.06 of the L.R. Manual.
(5) The process shall be completed expeditiously, preferably within a period of 8 weeks from today" : Allahabad High Court. Dated 14/11/2003.
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Court Allahabad High Court
Head Note Held,"In State of U.P. v. U.P. State Law Officers Association (supra), it was observed by the Supreme Court that the Government or a public body represent public interests, and hence, there is an obligation on them to engage the most competent lawyers.
Time, has, therefore, come when this practice must stop so that highly competent lawyers of integrity and sound knowledge of law are appointed as Government Counsels and for this purpose we recommend to the State Government to consult Hon'ble the Chief Justice of the High Court and suitably amend the L.R. Manual accordingly. Till that is done, ordinarily the recommendation of the District Judge, in the matter of appointment/renewal of the Government Counsels in the District Court in the State must ordinarily be accepted.": Allahabad High Court (DB)-Dated 1
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Court Gujarat High Court
Head Note SECTION 18-EVIDENCE ACT- EVIDENTIARY VALUE OF SUGGESTION PUT IN CROSS EXAMINATION TO PROSECUTION WITNESS BY DEFENCE COUNSEL- NOT AN EVIDENCE--GUJARAT HIGH COURT   Read Judgement

Court CAT
Head Note Candidate is Called for Interview but not Selected.   Read Judgement

Court CAT
Head Note the applicant claiming that she was not called for interview despite possessing the qualifications prescribed in the advertisement published by the Commission and that the Commission can not shortlist the candidates on the basis of higher qualification and experience than those prescribed.   Read Judgement

Court Allahabad High Court - Vinod Prasad J.
Head Note Sentence and Compensation : Looking to the activity indulged into by the petitioner, it cannot be said that he does not deserve incarceration. How ever sentence has to be commensurate with the guilt of the accused. Judging from that angle it is detected that the illegal activity was carried out by the revisionist for a period of eighteen days. The maximum sentence, which has been provided under the Statute for offence under Section 294 IPC can extend to three months of imprisonment or with fine or with both. Looking to the entire facts and circumstances, this Court is of the opinion that the substantive sentence of the petitioner for two months R.I. is excessive and should be reduced and instead he should be implanted with heavy fine of Rs.30,000/- out of which compensation should be awarded to the the children for the agony suffered by them:Allahabad High Court - Dated 01/04/2011.   Read Judgement