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IMPORTANT POINTS
(1) Initiation of criminal action in commercial transactions, should take place with a lot of circumspection and Courts ought to act as gate keepers for the same – Initiating frivolous criminal actions against large corporations, would give rise to adverse economic consequences for country in long run.
(2) Duty to act fairly by SEBI, is inextricably tied with principles of natural justice, wherein a party cannot be condemned without having been given an adequate opportunity to defend itself.
(3) Principles of fairness and transparency of adjudicatory proceedings are cornerstone of principles of open justice. ,05 Aug 2022
Supreme Court of India
IMPORTANT POINT
Acquisition of land – Matter can be remanded to High Court in interest of justice. ,05 Aug 2022
Supreme Court of India
IMPORTANT POINT
Reversion – Subjective satisfaction of competent authority which is based on material on record, is not amenable to interference by Court in ordinary course. ,05 Aug 2022
Supreme Court of India
Indeed by causing injuries with an axe it could be said that appellants should have realised that injuries were likely to cause his death but that would only bring the case of the appellants under Section 304 Part II IPC and not one under Section 302 IPC. ,05 Aug 2022
Allahabad High Court
Once an option for extension of service beyond normal age of retirement with denial of benefit of gratuity had been exercised by a teacher, family members could not have claimed the benefit in conflict with option already exercised by the deceased. ,04 Aug 2022
Allahabad High Court
IMPORTANT POINTS
(1) Examination of accused – Object of Section 313 of Cr.P.C. is to establish a direct dialogue between court and accused – A reasonable opportunity entails putting all adverse evidences in the form of questions so as to give an opportunity to accused to articulate his defence and give his explanation.
(2) A close relative cannot automatically be characterized as an “interested” witness.
(3) It is duty of Court to separate grain from chaff and to extract truth from mass of evidence. ,04 Aug 2022
Supreme Court of India
IMPORTANT POINT
Order passed by Court must contain specific findings on points in issue. ,04 Aug 2022
Supreme Court of India
IMPORTANT POINT
Discharge of accused – No charge can be framed in absence of even prima facie material against accused. ,04 Aug 2022
Supreme Court of India
It is well settled that if the view taken by trial court while acquitting the accused is a possible, reasonable view of the evidence on record, the High Court ought not to interfere with such an order of acquittal merely because it is possible to take the contrary view. ,04 Aug 2022
Allahabad High Court
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. ,03 Aug 2022
Allahabad High Court
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