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IMPORTANT POINTS
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe and prudent to have recruitment rules to govern process of selection so that best possible talent is appointed in public service.
(2) Appointment – Conducting recruitment processes in terms of executive orders and in absence of statutorily prescribed standards, more often than not, invite avoidable litigation producing undesirable results – Fostering diversity and inclusivity in public service, ensuring that there is representation from almost all districts including from hills and historically backward classes without, however, compromising merit should be commitment of all Governments of States in North-Eastern part of country.
(3) Any decision taken not to appoint despite there being vacancies and a valid select list, is in nature of a policy decision – Whether, and to what extent, any relief should be granted, must depend on facts of each case. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINTS
Rape of minor girl – When alleged acts or omissions constitute offence both under IPC and POCSO Act then, law which prescribes punishment of greater degree would have to be applied – Fields of operation of Section 42 and Section 42A of POCSO Act are in completely different spheres. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINTS
High Court should be loathe in interfering with findings of fact in second appeal. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINTS
(1) Discharge of accused – By its very nature, discharge is at a higher pedestal than acquittal – Acquittal is at end of trial process, may be for a technicality or on benefit of doubt or prosecution could not prove charge against accused – But when accused is discharged, it means that there are no materials to justify launch of criminal trial against accused – Once he is discharged, he is no longer an accused.
(2) Culpable homicide not amounting to murder – Rejection of discharge application – To commit offence of culpable homicide, intention or knowledge is of crucial importance – Basic ingredient of Section 304 Part II IPC is presence of knowledge and absence of intention. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINT
Illegal gratification – Conviction and sentence cannot be sustained when there are glaring inconsistencies insofar as amount of money demanded. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINTS
(1) Bail – There exists difference between setting aside order of bail and cancellation of bail – Considerations by High Court of lack of criminal antecedents and period of custody are perfectly valid criteria for grant of bail, but Court while giving due credence to them, cannot lose sight of primary offence and its effect on society.
(2) Bail once granted is not to be set aside ordinarily.
(3) Every person has presumption of innocence working in their favour till and such time offence they are charged with, stands proved beyond reasonable doubt. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINTS
(1) Rape – Evidence of prosecutrix in a case of rape is of same value as that of an injured witness and conviction can be made on the basis of sole testimony of prosecutrix.
(2) Rape – Absence of injuries on private parts of victim is not always fatal to case of prosecution. ,07 Mar 2025
Supreme Court of India
IMPORTANT POINT
Preventive detention – Order of detention cannot be sustained where detention order being silent on crucial aspects. ,06 Mar 2025
Supreme Court of India
IMPORTANT POINT
Murder – When evidence of three eye witnesses is of sterling quality, failure to examine other alleged eye witnesses will not be fatal for prosecution case. ,05 Mar 2025
Supreme Court of India
IMPORTANT POINT
Murder – Once dying declaration made by deceased is proved, fact that Ballistic Expert could not give a definite opinion on the question of whether cartridge recovered from body of deceased was fired by Revolver recovered at instance of accused no.1, is not relevant at all. ,05 Mar 2025
Supreme Court of India
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