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“If the conclusion of the Trial Court is a plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused”.
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.
The hearing of the matter began on 02-08-2023 and was concluded on 05-09-2023.
Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.
“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
“If the view of the Presiding Judge, based on the judicial record, is mechanically followed, then the discretion of the executive empowered with execution of the sentence, would be denuded of its content”.
“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
“Scrutiny of Judicial Process by Half Truth Knowledgeable is real danger to Rule of Law” — Justice J.B. Pardiwala at ‘2nd Justice
“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”
The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.
It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.
The Allahabad High Court upheld the Varanasi District Court’s order directing the Director, Archaeological Survey of India to undertake scientific survey/ investigation/ excavation of the Gyanvapi Mosque.
There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.