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IMPORTANT POINTS
(1) Bail jurisprudence is a facet of a civilised criminal justice system. An accused is innocent until proven guilty by a competent court following the due process.
(2) Delhi Liquor scam – Power to arrest is one thing but need to arrest is altogether a different thing – Just because investigating agency has power to arrest, it does not necessarily mean that it should arrest such a person.
(3) Right against self-incrimination – No person accused of an offence shall be compelled to be a witness against himself – Accused has right to remain silent; he cannot be compelled to make inculpatory statements against himself. ,13 Sep 2024
Supreme Court of India
IMPORTANT POINT
Preventive detention – Detenu has right to be furnished with grounds of detention along with documents so referred to or relied on – Failure or even delay in furnishing those documents would amount to denial of right to make an effective representation. ,12 Sep 2024
Supreme Court of India
IMPORTANT POINT
Sex Determination Test – Continuing prosecution based on an illegal search will amount to abuse of process of law – If law requires a particular thing to be done in a particular manner, same shall be done in that manner only. ,12 Sep 2024
Supreme Court of India
IMPORTANT POINT
Eviction of tenant – Right of ownership cannot be decided in an eviction petition. ,11 Sep 2024
Supreme Court of India
IMPORTANT POINTS
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students. ,10 Sep 2024
Supreme Court of India
IMPORTANT POINT
Agreement to sell – Co-owner alone is not competent to transfer entire property without getting his share determined and demarcated so as to bind other co-owners. ,10 Sep 2024
Supreme Court of India
IMPORTANT POINT
Money Laundering – Issuance of summons – PMLA is a self-contained Code and dispensations envisaged thereunder, must prevail – At the stage of issue of summons, the person cannot claim protection under Article 20(3) of Constitution, same being not testimonial compulsion.
,09 Sep 2024
Supreme Court of India
IMPORTANT POINT
Anticipatory bail application – There is no restriction in text of Section 438 or scheme of Cr.P.C. precluding a person from seeking anticipatory bail in relation to an offence while being in custody in relation to another offence – Mere formal arrest (on-paper arrest) would not extinguish right of accused to apply for anticipatory bail.
,09 Sep 2024
Supreme Court of India
IMPORTANT POINT
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested questions involving complex facts.
,09 Sep 2024
Supreme Court of India
IMPORTANT POINT
Court Martial – Non-recording of reasons of appointment of an officer junior in rank as a Judge Advocate in convening order invalidates Court Martial proceedings.
,09 Sep 2024
Supreme Court of India
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