Punjab and Haryana High Court Quashes FIR Against Persons Accused Of Abetting Suicide Of School Principal In 2014

The Punjab and Haryana High Court recently quashed a case of abetment to suicide, observing that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide. Ranjit Singh, the Principal of Senior Secondary School, Latala, allegedly died by suicide in 2014. His son in the complaint said that he was told...

Supreme Court Criminal Digest- March 2023

Bail - All prosecuting agencies / State Governments / UTs should issue directions to the Public Prosecutors so that neither in pleadings nor in arguments, is a stand taken contrary to the legal position enunciated by this Court. The circulation in this behalf should be made through the Director of Prosecution and training programmes be organized to keep on updating the Prosecutors in this...

State Utilizing A Small Part Of Tax To Provide Conveniences To Any Religious Denomination Doesn't Violate Article 27: Allahabad HC

The Allahabad High Court has observed that if the State spends some money out of the taxes/revenue collected by it from the citizens for providing some conveniences or facilities to any religious denomination, the same will not be violative of Article 27 of the Constitution of India.For context, Article 27 of the Constitution of India mandates that no person can be compelled to pay any...

After-Notice Transfer Petitions To Be Listed Before Single Benches Also : Supreme Court Circular

The Supreme Court on Wednesday issued a circular stating that from now onwards, after-notice transfer petitions will also be listed before single judge benches, besides division benches. However, fresh transfer petitions will continue to be listed before single benches."It is hereby notified for information of the Members of the Bar, Party-in persons' and all concerned that the...

Regularisation Of Services | In The Absence Of Sanctioned Post, Govt Can't Be Compelled To Create Posts & Absorb Those In Service : Supreme Court

The Supreme Court, recently, reiterated that in absence of sanctioned posts, the State cannot be compelled to create posts and absorb people who are continuing in service of the State. It noted that Courts cannot direct for creation of posts. A Bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi was deciding a case pertaining to reinstatement and regularisation of members of...

[S.138 NI Act] Magistrate Has Judicial Discretion To Dispense Personal Appearance Of Accused: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that a Magistrate dealing with a complaint under Section 138 of the Negotiable Instruments Act can waive personal appearance of the accused, if it finds that insistence of his personal appearance would itself inflict enormous suffering or tribulations to the accused.Justice Javed Iqbal Wani observed,"Such discretion needs...

ED Conducting ‘Fishing’ Enquiries To Implicate People in Money Laundering Cases: Senior Advocate C Aryama Sundaram

Senior Advocate C Aryama Sundaram alleged that the Directorate of Enforcement was conducting ‘fishing’ enquiries to implicate people in money laundering cases. He said: “The Enforcement Directorate proceeds under the Prevention of Money Laundering Act as though it is conducting a fishing expedition. This act cannot be invoked on basis of surmise. Summons cannot be issued under...

Appointment Offer Can't Be Cancelled Merely On Basis Of Previous Involvement In FIR Without Considering Reasoning In Judgment: Delhi High Court

The Delhi High Court has said that generalizations cannot be made to deny the offer of appointment merely on the basis of registration of FIR without considering the reasoning in the judgment and the relevant facts and circumstances.The division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta made the observation while directing the authorities to consider the appointment of...

Selection Committee Bound To Reconsider Employee For Promotion Based On Upgraded Performance Grade: Bombay High Court

The Bombay High Court recently held that when the grade of an employee is upgraded in his performance report, the selection committee has to reconsider him for promotion taking into account his upgraded grade.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne was dealing with an employee’s writ petition seeking promotion once his performance grade...

NJAC Dissent Never Suggested Handing Over Selection Of Judges To The Executive, I Know The Dangers Of It : Justice Chelameswar

Justice J Chelameswar, former Supreme Court Judge, said that in his dissenting judgment in the NJAC (National Judicial Appointments Commission) case, he never suggested the handing over of the selection of judges to the executive.“I know the dangers of it more than anyone else”, the former Apex Court Judge said in this regard. He was speaking on the topic "Is Collegium Alien To...

Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court

While setting aside a preventive detention order, the Supreme Court observed that such laws in India are a colonial legacy and have great potential for abuse and misuse. The Court emphasized that laws conferring arbitrary powers to the state must be critically examined and used only in the rarest of rare cases.A Bench of Justice Krishna Murari and Justice V. Ramasubramanian said that,...

'Calculated Attempt To Exonerate Influential Accused': Kerala High Court Cancels Further Investigation In Misappropriation Case Against Vellappally Natesan

The Kerala High Court on Tuesday paved for trial to proceed against SNDP Yogam General Secretary Vellappally Natesan, in a case alleging misappropriation of funds.The Single Judge Bench of Justice Ziyad Rahman A.A. set aside the permission granted by a Magistrate Court in Kollam to conduct further investigation. It noted that the request for further investigation was made by a former member...