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IMPORTANT POINT
Computation of assessable value of imported goods – What would be excluded for computing assessable value for the purpose of levy of customs duty is any amount paid for post-importation activities including any amount paid for post-importation technical assistance. ,01 May 2025
Supreme Court of India
IMPORTANT POINTS
(1) Forgery, cheating and conspiracy – Mere institution of civil proceedings is not a ground for quashing FIR or to hold that dispute is merely a civil dispute – Extraordinary and inherent powers of Court should not be used in a routine manner according to its whims or caprice.
(2) Delay in registration of FIR for offences punishable with imprisonment of more than three years cannot be basis of interdicting a criminal investigation – Delay will assume importance only when complainant fails to give a plausible explanation and whether explanation is plausible or not, has to be decided by Trial Court only after recording evidence. ,29 Apr 2025
Supreme Court of India
IMPORTANT POINT
Termination – It is for recruiting agency to take action against any candidate if incorrect information is supplied – Same cannot be made a foundation for allowing writ petition when said information does not affect candidate's eligibility to appear in examination. ,29 Apr 2025
Supreme Court of India
IMPORTANT POINT
Injury suffered in course of employment – When more than one injury is caused in same accident amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregation exceeding amount which would have been payable if permanent total disablement had resulted from injuries. ,29 Apr 2025
Supreme Court of India
IMPORTANT POINT
Criminal breach of trust, cheating and forgery – Complaint can be quashed when allegation made in complaint, even when taken on its face value and accepted in its entirety, do not prima facie constitute any offence or make out case alleged against accused. ,28 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Honour-killing must get a strong measure of punishment.
(2) Cross-examination of witness – Courts are not barred from putting questions which may contradict the witness with previous statements made before police – Special powers of Court under Section 165 of Evidence Act are not impaired or controlled by provisions of Section 162 of Cr.P.C.
(3) Summoning of material witness – There is a wide discretion with Courts under Section 311 Cr.P.C. – These powers can be exercised suo motu or on an application moved by either side – Court must not be deprived of benefit of any valuable evidence.
(4) Maxim “falsus in uno, falsus in omnibus” [false in one thing, false in everything] is not applicable to our criminal justice system – Rejection of entire testimony of a prosecution witness, who has been cross-examined by prosecution, would not only harm case of prosecution but perhaps also of defence in a given case. ,28 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Mental insanity of accused – Only such mental or medical condition which affects or disturbs faculty of person which renders him unable to know nature of act committed or that he was doing which he did not know that it was wrong or contrary to law can be given benefit of insanity under Section 84 IPC and escape criminal liability.
(2) Motive – Evidentiary value – In cases where direct evidence is available that links accused to offence, absence of proof of motive or intention does not preclude conviction of accused – However, in cases where plea taken by accused is such that it raises concern about mental stability of accused, existence or lack of motive assumes great significance.
(3) Burden of Proof – Though in a criminal case burden of proof to establish a case beyond reasonable doubt is on prosecution, however, under Section 105 of Evidence Act, 1872, burden of proof to prove existence of such circumstances which would attract any of exceptions is on accused. ,28 Apr 2025
Supreme Court of India
IMPORTANT POINT
Tender – Government is protector of financial resources of State and it has every right to cancel and call for fresh tender if it is in nature of protecting financial interests of State. ,25 Apr 2025
Supreme Court of India
IMPORTANT POINTS
(1) Information in cognizable offences – An administrative action and a criminal proceeding stand on different footings – FIR, by taking cognizance of an offence, merely sets law into motion – This has nothing to do with a decision on administrative side, made by a different authority.
(2) Quashing of criminal proceedings – No opportunity of being heard is required before FIR is lodged or registered – Setting aside of an administrative action on the grounds of violation of principles of natural justice does not bar administrative authorities from proceeding afresh. ,25 Apr 2025
Supreme Court of India
IMPORTANT POINT
Disposal of Eviction Proceedings – Where High Court has stayed trial in cases, particularly, pending between landlord and tenant, those cases must be heard expeditiously inasmuch as stay of trial or original proceedings would inevitably, lead to delay in conclusion of trial and entire proceedings thereafter. ,25 Apr 2025
Supreme Court of India
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