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IMPORTANT POINT
Abetment of suicide – ‘Instigation’ to do a particular thing is necessary for charging a person with abetment – To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on part of accused to abet such a crime and it requires an active act or a direct act leading to commission of suicide. ,29 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Appointment – Mode of employment is not the primary concern – Primary concern is nature of work performed and whether work undertaken by candidate has any nexus with purported work to be undertaken during course of regular service – Even though modalities for engagement of two individuals for executing similar nature of work could differ, none can gain experience without being asked to work.
(2) Appointment – True thrust of every selection process ought to be to find out and select suitable candidates, having experience in related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing more meritorious of those found suitable.
(3) Social Justice – Whenever conflict arises between powerful and powerless, social justice commands Courts to lean in favour of weaker and poorer sections where scales are evenly balanced. ,29 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Appeal by Special Leave – If finding of guilt is returned without properly evaluating and testing evidence by applying requisite legal principles, it can always be corrected by Supreme Court in exercise of its powers under Article 136 of Constitution of India.
(2) Murder – Before recording conviction, court must be satisfied that accused ‘must be’ and not merely ‘may be’ guilty – Even if prosecution evidence generates strong suspicion against accused, it cannot be a substitute for proof – Motive on its own cannot make or break prosecution case. ,28 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for promotion as not only a statutory right but also a fundamental right but there is no fundamental right to promotion itself.
(2) Promotion cannot be retrospectively granted after retirement, as it requires actual assumption of duties and responsibilities of promotional post. ,27 Nov 2024
Supreme Court of India
IMPORTANT POINT
Insults must be targeted at a victim's Scheduled Caste or Tribe status to constitute an offence under Section 3(1)(x) of the SC/ST Act. ,27 Nov 2024
Kerala High Court
IMPORTANT POINT
Pension for UGC scale teachers must be calculated based on revised pay from the date of retirement, not delayed by government policy. ,27 Nov 2024
Kerala High Court
IMPORTANT POINT
Cruelty – In matrimonial disputes exaggerated versions of incident are reflected in a large number of complaints and tendency of over implication is also reflected. ,26 Nov 2024
Supreme Court of India
IMPORTANT POINT
The court ruled that inadvertent misclassification of IGST as CGST and SGST does not constitute excess credit utilization, especially when no revenue loss occurs. ,26 Nov 2024
Kerala High Court
IMPORTANT POINT
The court upheld the Government's authority to revise minimum wages under the Minimum Wages Act, emphasizing limited grounds for judicial review. ,26 Nov 2024
Kerala High Court
IMPORTANT POINTS
(1) Insertion of words ‘socialist’ and ‘secular’ in Preamble to Constitution of India by Constitution (Forty-second Amendment) Act in 1976 is valid and There is no legitimate cause or justification for challenging this constitutional amendment after nearly 44 years.
(2) Power to amend unquestionably rests with Parliament – This amending power extends to Preamble – Amendments to Constitution can be challenged on various grounds, including violation of basic structure of Constitution. ,25 Nov 2024
Supreme Court of India
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