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IMPORTANT POINTS
(1) Electronic Voting Machines [EVMs] – Unless substantial evidence is presented against EVMs, current system will have to persist with enhancements – Regressive measures to revert to paper ballots or any alternative to EVMs that does not adequately safeguard interests of Indian citizens have to be eschewed – Giving physical access to VVPAT slips to voters is problematic and impractical – It will lead to misuse, malpractices and disputes.
(2) Res Judicata – Doctrine of res judicata is applicable to writ petitions under Article 32 and Article 226 as well – This principle is not rigid in cases of substantial public interest and Constitutional Courts are empowered to adopt a flexible approach in such cases, acknowledging their far-reaching public interest ramifications. ,26 Apr 2024
Supreme Court of India
IMPORTANT POINT
For summoning of an accused, prima facie case is to be made out on the basis of allegations in complaint and pre-summoning evidence led by complainant. ,26 Apr 2024
Supreme Court of India
IMPORTANT POINT
Show cause notice – Assessee must show and establish that such non-furnishing of a particular document caused them prejudice and that they are prevented from giving an effective reply to show cause notice. ,25 Apr 2024
Supreme Court of India
IMPORTANT POINT
Resignation – As per Service Jurisprudence, employment is terminated from the date on which letter of resignation is accepted by appropriate authority – Resignation would be effective on its acceptance even if acceptance is not communicated as long as rules or guidelines governing resignation do not mandate such acceptance of resignation is to be communicated. ,25 Apr 2024
Supreme Court of India
IMPORTANT POINT
Homicide committed in a sudden fight, in heat of passion and upon a sudden quarrel, is not murder under Section 302 of IPC. ,25 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Stridhan – Gifts made to bride by bride’s husband or her parents or by relatives from side of her husband or parents, at the time of marriage, constitute her Stridhan.
(2) There can be no inferences unless there are objective facts, direct or circumstantial, from which to infer other fact which it is sought to establish. ,24 Apr 2024
Supreme Court of India
IMPORTANT POINT
Medical negligence – In determining compensation in cases of medical negligence, balance has to be struck between demands of person claiming compensation, as also interests of those being made liable to pay – Compensation by its very nature, has to be just. ,23 Apr 2024
Supreme Court of India
IMPORTANT POINT
Criminal case cannot be quashed by High Court by ignoring mass of evidence showing complicity of accused in alleged offence. ,23 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Certain degree of risk is involved in every procedure for medical termination.
(2) In view of urgency of situation, Supreme Court can exercise its powers under Article 142 of Constitution. ,22 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Promotional trailers are unilateral and do not qualify as offers eliciting acceptance and as such they do not transform into promises, much less agreements enforceable by law.
(2) Any person watching a movie after remitting necessary consideration becomes a consumer of service – Service in this case is that of entertainment.
(3) Promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship.
(4) Services involving art necessarily involve freedom and discretion of service provider in their presentation – Standard by which a court of law Judges representation, followed by service, must be different and must account for creative element involved in such transactions. ,22 Apr 2024
Supreme Court of India
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