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IMPORTANT POINTS
(1) Murder of wife – Where evidence on record gives ample leverage for two conflicting opinions, benefit of doubt has to be given in favour of accused.
(2) Burden of proof – Ordinary rule which applies to criminal trials and places onus on prosecution to prove guilt of accused, does not, in any way, stand modified by provisions contained under Section 106 of Evidence Act. ,10 Feb 2025
Supreme Court of India
IMPORTANT POINTS
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be nothing short of exercise in futility.
(2) Appointment – Cancellation – Once appointment process is declared to be a nullity in law, every action taken in furtherance of such appointment process is also illegal constitutional courts have jurisdiction to set aside such appointments wholly and ab-initio – This power of Court is not curtailed even in a situation where a third-party right has been created in those who have been offered appointment or have even joined service.
(3) Natural Justice – Applicability – Principles of natural justice cannot be applied in any straitjacket formula – There are certain exceptions to their applicability – Every violation of a facet of natural justice may not lead to conclusion that order passed is always null and void – Validity of order has to be decided on touchstone of “prejudice”.
(4) Arbitrariness in public employment goes to very root of fundamental right to equality – While no person can claim a fundamental right to appointment, it does not mean that State can be allowed to act in an arbitrary or capricious manner – State is accountable to public at large as well as Constitution of India which guarantees equal and fair treatment to each person. ,10 Feb 2025
Supreme Court of India
IMPORTANT POINT
Murder – Circumstantial evidence – There shall not be any room for any second opinion which may lead to innocence of accused.
,10 Feb 2025
Supreme Court of India
IMPORTANT POINT
Motor Insurance – Road Permit – Authorization fee is required to be paid only when vehicle is moving out of State in which it was registered. ,07 Feb 2025
Supreme Court of India
IMPORTANT POINT
Appellate Court is not competent to impose a punishment higher than maximum that could have been imposed by Trial Court. ,07 Feb 2025
Supreme Court of India
IMPORTANT POINTS
(1) Where case rests entirely on circumstantial evidence, chain of evidence must be so far complete, such that every hypothesis is excluded but one proposed to be proved and such circumstances must show that act has been done by Appellant-accused within all human probability.
(2) Discovery of a fact includes object found, place from which it is produced and knowledge of Appellant-accused as to its existence. ,07 Feb 2025
Supreme Court of India
IMPORTANT POINT
Abetment of suicide – In order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on part of accused with intention to bring about suicide of person concerned as a result of that abetment is required – Intention of accused to aid or instigate or to abet deceased to commit suicide is a must for attracting Section 306 IPC. ,07 Feb 2025
Supreme Court of India
IMPORTANT POINT
Apartment Buyers Agreement – Cancellation of allotment – To justify forfeiture of advance money being part of “earnest money” terms of contract should be clear and explicit – Agreement is one-sided and totally tilted in favour of Developer. ,03 Feb 2025
Supreme Court of India
IMPORTANT POINT
Grant of bail – An undeserving bail granted to a habitual drug offender can be cancelled. ,03 Feb 2025
Supreme Court of India
IMPORTANT POINTS
(1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within public view.
(2) Exercise of Inherent Jurisdiction – Power under Section 482 of Cr.P.C. is required to be exercised sparingly and with circumspection and that too in rarest of rare cases. ,31 Jan 2025
Supreme Court of India
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