Bringing you the Best Analytical Legal News
Supreme Court said that a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.
Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.
The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.
Justice B. V Nagarathna is currently serving as a Judge of Supreme Court of India. She formerly served as a Judge of Karnataka High Court until her elevation to the Supreme Court. Justice Nagarathna is also the potential contender for the first ever woman Chief Justice of India.
“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.
“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.
The Court allowed the petitioner to access his X (formerly Twitter) account called ‘The Liver Doc’, after an undertaking was given that he will temporarily hide the alleged defamatory posts against Himalaya Wellness.
In view of the wife’s “conduct and dishonesty”, the Court dismissed revision petition filed by the wife seeking to set aside the order of the Sessions Judge setting aside her monetary maintenance and compensation.
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 76
Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.
There must be prima facie case of deliberate falsity on a matter of substance and the Court must be satisfied and there must be reasonable foundation for the charge and the prosecution of the offender is necessary in the interest of justice.
As per communication issued by the Central Government, HSRP Scheme is imperative to the country’s National Security and in aiding reduction of vehicular borne crime.
FIR against Sudhir Chaudhary was lodged which had alleged that he had conspired to disrupt communal harmony by spreading misinformation on his channel about Karnataka Govt.’s Swavalambi Sarathi Scheme.
“Any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting”.
Considering this petition challenging appointment of the private respondents as Secretaries with Cabinet Rank, Court was of the view that the respondents were appointed to assist the Chief Minister and they are not functioning as the Ministers in the literal sense.
“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.
Even though the delay in the instant case was caused due to petitioner’s actions, nevertheless, Lokayukta must complete the investigations within a time frame for a delay may defeat several rights of the petitioner.
The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.