accused person's inability to explain; burden of proof
Case BriefsSupreme Court

“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.

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Rs 2 Lakh indemnity clause restrictive covenant
Case BriefsSupreme Court

Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.

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Supreme Court quashes rape case over consensual relationship
Case BriefsSupreme Court

“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.

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UNESCO Chief Justice courtroom
Case BriefsSupreme Court

The modern architectural techniques have progressed by leaps and bounds, the new construction materials and techniques can be employed to construct a verandah in front of Court Room No. 1 exactly identical to the one which is existing in front of Court Room Nos. 2 to 9 without disturbing the aesthetic value of the main structure and without requiring any kind of modification/alteration in the main structure.

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Fake police encounters in Assam
Case BriefsSupreme Court

“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.

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Air Force School Article 12 Supreme Court
Case BriefsSupreme Court

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”

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teacher appointment West Bengal Municipal Act
Case BriefsSupreme Court

The West Bengal Municipal Act, 1993 was enacted in order to consolidate the laws relating to urban Municipal Affairs in West Bengal. The West Bengal Municipal Employees’ (Recruitment) Rules, 2005 was introduced by the State Government in exercise of powers conferred under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993

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Supreme Court POCSO convict
Case BriefsSupreme Court

“This year, as the nation commemorated the 75th anniversary of the Constitution on 26th January, it was recalled that the Constitution envisioned the State as a welfare state, guaranteeing social and economic justice to all citizens. Yet, in this case, there had been a profound failure to provide both social and economic justice to the victim. The facts revealed a failure of the very concept of the welfare state.”

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Supreme Court National Highways encroachments
Case BriefsSupreme Court

“It is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents.”

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