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IMPORTANT POINTS
(1) Appointment on Post of District Judge – When appellants have successfully qualified suitability test, they could not have been deprived of their legitimate right of promotion only on account of lower placement in merit list.
(2) Promotion – Suitability of each candidate has to be tested on his own merit and a comparative assessment cannot be made and promotion cannot be solely based upon merit list. ,15 Jan 2025
Supreme Court of India
IMPORTANT POINT
The court confirmed that the Coast Guard Court has jurisdiction over service-related matters and upheld the dismissal of the petitioner due to negligence resulting in loss of life, emphasizing Command Responsibility. ,13 Jan 2025
Kerala High Court
IMPORTANT POINT
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order. ,13 Jan 2025
Kerala High Court
IMPORTANT POINT
Multiple FIRs for distinct occurrences are permissible under law, while those for the same facts constitute an abuse of process. ,13 Jan 2025
Kerala High Court
IMPORTANT POINTS
(1) Refusal to pay maintenance – Mere passing of decree for restitution of conjugal rights at husband’s behest and non-compliance therewith by wife would not, by itself, be sufficient to attract disqualification under Section 125(4) Cr.P.C. – It would depend on facts of individual case.
(2) Maintenance proceedings are essentially civil in nature – Even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or become criminal proceedings.
(3) Maintenance proceedings are essentially civil in nature – Even if non-compliance with order for payment of maintenance entails penal consequences, as may other decrees of Civil Court, such proceedings would not qualify as or become criminal proceedings. ,10 Jan 2025
Supreme Court of India
IMPORTANT POINTS
(1) Promotion – In absence of rules, recourse to recruitment based on executive orders could be taken.
(2) Interpretation of Statute – No word, no phrase and no expression used in a legislation should be excluded as surplusage. ,10 Jan 2025
Supreme Court of India
IMPORTANT POINT
The burden to prove the validity of a Will lies with the propounder, and failure to meet statutory requirements results in its invalidation. ,10 Jan 2025
Kerala High Court
IMPORTANT POINTS
(1) Benefit of probation cannot be denied to a similarly situated accused person.
(2) Power under Article 142 of Constitution of India can be exercised by Supreme Court to grant benefit of probation to accused. ,09 Jan 2025
Supreme Court of India
IMPORTANT POINT
Fraud and justice never dwell together – A litigant should not be able to benefit from a fraud practised with an intention to secure him an illegal benefit.
,09 Jan 2025
Supreme Court of India
IMPORTANT POINT
Anticipatory bail can be granted where accused is cooperating in investigation and no more custodial interrogation is required in the case. ,09 Jan 2025
Supreme Court of India
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