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IMPORTANT POINTS
(1) Application for cancellation of bail – Once it is held that there is power vesting in High Court or Sessions Court to cancel bail by exercising power under Section 439(2) of Cr.P.C., power to stay order granting bail is implicit in Court dealing with the applications.
(2) Order granting bail can be stayed by Court only in exceptional cases when a very strong prima facie case of existence of grounds for cancellation of bail is made out – Prima facie case must be of a very high standard – Ex-parte stay of order granting bail, as a standard rule, should not be granted.
,23 Jul 2024
Supreme Court of India
IMPORTANT POINTS
(1) Promotion – Promotion is effective from the date it is granted and not from the date when vacancy occurs on subject post or when the post itself is created – There is no fundamental right to promotion itself.
(2) Promotion – No employee can lay claim for being promoted to next higher post merely on completing minimum qualifying service.
,23 Jul 2024
Supreme Court of India
IMPORTANT POINT
Selection and appointment to post of City Manager – 32% in written examination would make a candidate eligible and qualified to be placed in consideration zone – However, merit list would be prepared after taking into consideration marks obtained on account of experience – Required minimum qualifying marks are concerned with marks obtained in written test only. ,16 Jul 2024
Supreme Court of India
IMPORTANT POINT
Definitions of ‘distributor’ and ‘dealer’ under DPCO are not mutually exclusive in Drugs (Price Control) Order, 1995. ,15 Jul 2024
Supreme Court of India
IMPORTANT POINTS
(1) Discharge of accused – At stage of consideration of such application for discharge, defence case or material, if produced at all by accused, cannot be looked at all – Court has to proceed with assumption that materials brought on record by prosecution are true.
(2) Criminal conspiracy – Sine qua non for offence of criminal conspiracy is agreement to commit offence – A few bits here and a few bits there, on which prosecution may rely, are not sufficient to connect accused with commission of crime of criminal conspiracy. ,15 Jul 2024
Supreme Court of India
IMPORTANT POINTS
(1) Compromise of suit – For a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by parties which would then require it to be proved to satisfaction of Court.
(2) Doctrine of lis pendens or restriction imposed under Section 52 of Transfer of Property Act, 1882 may not be relevant or applicable in a case where one of plaintiffs in proceedings and respondents in pending appeal having executed sale deed during pendency of appeal. ,15 Jul 2024
Supreme Court of India
IMPORTANT POINT
Neither Central Government, nor President can make any amendments or changes in notification issued under Clause-1 of Article 341 specifying castes in relation to States or Union territory, as the case may be. ,15 Jul 2024
Supreme Court of India
IMPORTANT POINT
Withdrawal of prosecution – Matters of a gruesome crime akin to double murder do not warrant withdrawal of prosecution merely on the ground of good public image of accused named in charge-sheet after thorough investigation.
,15 Jul 2024
Supreme Court of India
IMPORTANT POINT
Contents of charge-sheet – Confessional statements recorded by Police Officers which are part of charge-sheet cannot remain a part thereof and same must be ignored. ,12 Jul 2024
Supreme Court of India
IMPORTANT POINTS
(1) Legality of arrest – Power to arrest is fenced with preconditions and requirements, which must be satisfied prior to arrest of a person.
(2) Legality of arrest – Delhi liquor scam – Special Court is not bound by opinion of designated/authorised officer recorded in “reasons to believe” – Court’s opinion is different and cannot be equated to an officer’s opinion.
(3) Principle of parity or equality enshrined under Article 14 of Constitution cannot be invoked for repeating or multiplying irregularity or illegality – If any advantage or benefit has been wrongly given, another person cannot claim same advantage as a matter of right on account of error or mistake. ,12 Jul 2024
Supreme Court of India
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