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IMPORTANT POINT
Bail – Considerations for grant of bail and cancellation thereof are entirely different – An undeserving order granting bail to accused can be reversed. ,29 May 2025
Supreme Court of India
IMPORTANT POINT
Quantum of permanent alimony – Wife is entitled to a level of maintenance that is reflective of standard of living she enjoyed during marriage and which reasonably secures her future. ,29 May 2025
Supreme Court of India
IMPORTANT POINT
Rape – Even assuming that accused appellant retracted from his promise to marry complainant, it cannot be said that he indulged in sexual intercourse with de-facto complainant under a false promise of marriage. ,29 May 2025
Supreme Court of India
IMPORTANT POINT
Rape – Misconception of fact – A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of State. ,26 May 2025
Supreme Court of India
IMPORTANT POINTS
(1) Domestic violence – Courts can exercise power under Section 482 of Cr.P.C. (Section 528 of BNSS) for quashing proceedings emanating from application under Section 12(1) of DV Act, 2005, pending before Court of Magistrate – However, considering object of DV Act, 2005, High Courts should exercise caution and circumspection when dealing with application under Section 12(1).
(2) Domestic violence – Purpose of enacting the law was to provide a remedy in civil law for protection of women from being victims of domestic violence – Application under Section 12 of DV Act, 2005, cannot be equated with a complaint within meaning of Section 200 of Cr.P.C. (Section 223 of BNSS) – Scheme of Section 12 is completely different from Section 200 of Cr.P.C. or Section 223 of BNSS. ,23 May 2025
Supreme Court of India
IMPORTANT POINTS
(1) Murder and attempt to murder – Failure to conduct further investigation based on affidavits goes to root of matter – Failure to recover weapons of offence also becomes relevant.
(2) Fair trial – Objective of investigation is to ensure that real culprits are brought to justice – Legal system must ensure that an innocent person is not punished. ,23 May 2025
Supreme Court of India
IMPORTANT POINT
Murder – Evidence on ‘last seen together’ is a weak piece of evidence – Conviction cannot be recorded against accused merely on the ground that accused was last seen with deceased. ,21 May 2025
Supreme Court of India
IMPORTANT POINTS
(1) Promotion to Higher Judicial Service [Cadre of District Judge] – It will be desirable to modify requirement to become eligible for LDCE for Higher Judicial Services and reduce minimum number of years of experience as a Civil Judge (Senior Division) from 5 years to 3 years – However, total number of years of experience for a Judicial Officer for being eligible for LDCE should be a minimum cumulative of 7 years including service as Civil Judge (Junior Division) and Civil Judge (Senior Division).
(2) Appointment on Post of Civil Judge (Junior Division) – High Courts and State Governments in country shall amend relevant service rules to the effect that candidates desirous of appearing in examination for post of Civil Judge (Junior Division) must have practised for a minimum period of 3 years to be eligible for said examination.
(3) Experience should be counted from the date on which provisional registration has been granted to a candidate. ,20 May 2025
Supreme Court of India
IMPORTANT POINTS
(1) Pensionary Benefits of Judges in Higher Judiciary – Union of India shall pay full pension of Rs.15,00,000/- per annum to a retired Chief Justice of High Court – Union of India shall pay full pension of Rs.13,50,000/- per annum to a retired Judge of High Court, other than a retired Chief Justice of High Court – A retired Judge of High Court shall also include such of retired Judges of a High Court who have retired as Additional Judge of High Court – Union of India shall follow principle of One Rank One Pension to all retired Judges of High Courts irrespective of their source of entry.
(2) In case of a retired Judge of High Court who has previously served in District Judiciary and 60 who entered into District Judiciary after coming into force of Contributory Pension Scheme or New Pension Scheme (NPS), Union of India shall pay full pension.
(3) Union of India shall pay family pension to widow or family members of a Judge of High Court who dies in harness irrespective of whether such a Judge of High Court was a Permanent Judge of High Court or Additional Judge of High Court. ,19 May 2025
Supreme Court of India
IMPORTANT POINT
Clubbing of FIRs – Multiplicity of proceedings will not be in larger public interest – Other offences not part of special enactments can also be tried by Special Court under concerned State legislation. ,19 May 2025
Supreme Court of India
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