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IMPORTANT POINT
Criminal breach of trust, cheating and conspiracy – Without existence of requisite mens rea no criminal prosecution will stand. ,22 Oct 2024
Supreme Court of India
IMPORTANT POINT
No formal proof of certain documents – Court has to appreciate, analyse and test creditworthiness of evidence led by prosecution which is available on record and if such evidence beyond reasonable doubt established charges, conviction could be recorded. ,21 Oct 2024
Supreme Court of India
IMPORTANT POINTS
(1) Pleadings – Evidence can be permitted to be given only on a plea properly raised and not in contradiction of plea.
(2) Adverse Possession – Once plaintiff proves his title over suit property it is for defendant resisting the same claiming adverse possession that he perfected title through adverse possession. ,14 Oct 2024
Supreme Court of India
IMPORTANT POINTS
(1) Criminal breach of trust and cheating – To commit an offence mens rea is one of essential ingredients – When FIR alleges dishonest conduct on part of accused which, if supported by materials, would disclose commission of a cognizable offence, investigation should not be thwarted by quashing FIR.
(2) Quashing of criminal case – Petition to quash FIR does not become infructuous on submission of a police report under Section 173 (2) of Cr.P.C.
,14 Oct 2024
Supreme Court of India
IMPORTANT POINTS
(1) Execution of decree – A third party to decree has right to approach Court even after dispossession of immovable property, which he was occupying – Term “Stranger” would cover within its ambit, a pendent lite transferee, who has not been impleaded – Pendente lite purchaser has every right to defend his right, title, interest and possession.
(2) Execution of decree – Once application under Order 21 Rule 99 is filed, it is incumbent upon Trial Court to consider all rival claims including right title and interest of parties under Order 21 Rule 101 of CPC which bars a separate suit by mandating execution court to decide dispute. ,14 Oct 2024
Supreme Court of India
IMPORTANT POINT
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial. ,07 Oct 2024
Kerala High Court
IMPORTANT POINT
The court affirmed that procedural integrity in recruitment tests is paramount and that candidates must demonstrate proficiency regardless of physical attributes. ,07 Oct 2024
Kerala High Court
Important Point – Appointment – Introducing new requirements into selection process after entire selection process was completed amounted to changing rules of game after game was played which is not permissible.
,04 Oct 2024
Supreme Court of India
IMPORTANT POINT
Aspirants for public service positions can challenge qualification criteria before Administrative Tribunals, affirming their jurisdiction over recruitment matters. ,04 Oct 2024
Kerala High Court
IMPORTANT POINT
A revision petition under Section 87 of the Kerala Co-operative Societies Act is not maintainable against an enquiry report under Section 65, as such reports do not constitute decisions or orders. ,04 Oct 2024
Kerala High Court
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