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IMPORTANT POINT
Dowry death – Conviction can be solely recorded on the basis of dying declaration – However, for doing so, court must come to a conclusion that dying declaration is trustworthy, reliable and one which inspires confidence. ,27 Sep 2023
Supreme Court of India
IMPORTANT POINT
Appellate Court cannot overturn acquittal only on the ground that after re-appreciating evidence, it is of the view that guilt of accused was established beyond a reasonable doubt. ,26 Sep 2023
Supreme Court of India
IMPORTANT POINT
Right of any person to claim compensation under Section 124 or Section 124-A of Railways Act, 1989 shall not affect the right of any such person to recover compensation payable under Employees Compensation Act, 1923. ,26 Sep 2023
Supreme Court of India
IMPORTANT POINT
Parties cannot by implied consent confer upon unregistered document its admissibility. ,25 Sep 2023
Supreme Court of India
IMPORTANT POINT
Immunity from levy of penalty and prosecution – Section 245C read with Section 245H of Income Tax Act, 1961 only contemplates full and true disclosure of income to be made before Settlement Commission, regardless of disclosures or discoveries made before/by Assessing Officer. ,25 Sep 2023
Supreme Court of India
IMPORTANT POINT
Appointment – Production of original certificates at the time of interview is not mandatory but directory – If a person possesses eligibility before date of actual selection, he cannot be denied benefit because its proof is produced later. ,22 Sep 2023
Supreme Court of India
IMPORTANT POINT
Appointment – If one of selected candidates joins and then resigns, it gives rise to a fresh vacancy which could not have been filled up without issuing a proper advertisement and following fresh selection process. ,21 Sep 2023
Supreme Court of India
IMPORTANT POINTS
(1) Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then latter would apply.
(2) Blanket exclusion of certain offences from scope of grant of remission, especially by way of an executive policy, is not only arbitrary but turns ideals of reformation that run through our criminal justice system, on its head. ,21 Sep 2023
Supreme Court of India
IMPORTANT POINTS
(1) Acquittal – Death of complainant or non-availability of complainant at the time of trial could not be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused.
(2) Illegal gratification – If accused offers reasonable and probable explanation based on evidence that money was accepted by him other than as illegal gratification, benefit of doubt should be granted to accused. ,21 Sep 2023
Supreme Court of India
IMPORTANT POINTS
(1) High Court in exercise of power under Section 100 of CPC, ought not have interfered with findings of trial Court judgment and decree of trial Court which were confirmed by First Appellate Court.
(2) Certified copy given under Section 57 of Registration Act shall be admissible for the purpose of proving contents of its original document. ,20 Sep 2023
Supreme Court of India
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