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In evaluating the testimony of a victim of a sexual offense, the Court's approach is nuanced, recognizing the inherent trauma and potential inconsistencies in the victim's account. The Court does not require an exacting or flawless recounting of the incident. Rather, it focuses on permitting the victim to share her narrative to the best of her ability, based on her recollection of events, within the bounds of reasonable possibility.
As long as the registration under Section 12AA of the Income Tax Act, 1961 is in existence, further enquiry about the genuineness of the activities and the purpose being charitable cannot be gone into by the Income Tax Department.
Only the authority expressly empowered under the statute is competent to exercise disciplinary powers. Any order passed by an unauthorized authority is without jurisdiction and liable to be set aside. Further, where there is a violation of the principles of natural justice or the impugned action is without jurisdiction, the existence of an alternative remedy does not bar the exercise of writ jurisdiction under Article 226 of the Constitution.
The fact that a witness is deemed “hostile” does not automatically mean their entire testimony must be disregarded. While the Court will scrutinize the evidence of a hostile witness with caution, it can still be relied upon in part if it is corroborated by medical evidence or if it is corroborated by medical evidence or if certain parts of the testimony inspire confidence.
In a money laundering case, as the modus operandi often involves circuitous and opaque financial transactions which makes direct evidence inherently difficult to obtain, the absence of verifiable legitimate income can lead the Court to hold that there exists a nexus between the property sought to be attached and the proceeds of crime.
“To succeed in an application under Order 9 Rule 13 of CPC the defendant must satisfy the Court that his absence was due to a justifiable reason & unavoidable circumstances preventing his appearance”
In cases involving offences against the State and where an accused is charged under Special Enactments, bail cannot ordinarily be granted. The Courts are required to exercise greater caution and adopt a stricter approach while considering bail in such cases, keeping in view the seriousness of the allegations, the security of the State, and the statutory restrictions imposed on the grant of bail under such special laws.
In absence of any evidence suggesting that the person kidnapped was taken or detained for the purpose of making a ransom demand or for coercing any person to act in a particular manner, the essential ingredients of Section 364A IPC are not satisfied. Mere kidnapping and concealment without a ransom demand do not attract Section 364A IPC.
Irrespective of any failure to follow the procedure laid u/S 52-A NDPS Act, if evidence inspires confidence & satisfies the Court regarding recovery & possession of contraband then the Court can proceed for conviction of accused.
Mere presumption of possible apprehension should not and ought not be the basis of transfer of any case from one Court to another. It is only in very special circumstances, when such grounds are taken, the Court must find reasons exist to transfer a case, not otherwise.
It is the statutory obligation to not interfere at the initial stage of framing the charges merely on hypothesis, imagination and far fetched reasons which in law amount to interdicting the trial against the accused persons.
“Privacy is a constitutionally protected right that primarily arises from the guarantee of life and personal liberty under Article 21 of the Constitution of India. It encompasses the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home, and sexual orientation. Any intrusion into this right would amount to a violation of the fundamental rights of the individual.”
Where a victim is raped by one or more persons forming a group or acting in furtherance of a common intention, each member of such group shall be deemed to have committed the offence of rape, in accordance with the principles of joint liability and common intention as defined under the applicable laws.
Public Interest Litigations (PILs) are meant to address issues of public concern and promote justice, but Courts typically refrain from interfering with matters that fall within the exclusive domain of legislative and executive policy, as these are considered to be the prerogative of the elected branches of government.
Demand of illegal gratification is sine qua non to constitute the offence under the Prevention of Corruption Act, 1988. Mere recovery of currency notes itself does not constitute the offence under the Act, unless it is proved beyond all reasonable doubt that the accused voluntarily accepted the money knowing it to be bribe.
An objection to the jurisdiction in view of the applicability of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 cannot be taken where arbitration proceedings have already concluded and the award has been passed.
Any eligibility criteria must bear a reasonable corelation with the functional recruitment of the posts, the nature of the duties to be performed and the aptitudes necessary to fulfill those duties effectively.
The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the task assigned to him i.e. to offer prayers. He cannot be thus treated as a Bhumiswami.
Section 307 of the Code of Criminal Procedure (now Section 344 of the Bharatiya Nagarik Suraksha Sanhita BNSS, 2023) empowers the Court to direct tender of a pardon to an accomplice in a case. This means that if a person is believed to have been involved in a crime, the Court can offer them a pardon (immunity from prosecution), if they agree to testify truthfully against other accused individuals in the case.
If the chain of circumstances is complete and the recoveries made from the accused are duly proved, and if the accused was last seen together with the deceased shortly before the death, then the failure of the accused to offer a plausible explanation would be fatal to his defence.
The entire statement of a hostile witness is not to be discarded and such part which is consistent with the prosecution case is admissible in evidence.
A truthful extra judicial confession made voluntarily and without any inducement can be made a basis for recording a conviction against person making confession.
Derogatory remark or quarrel by husband/in-laws in matrimonial life alone cannot be considered sufficient to the extent to constitute abetment unless something extra-ordinary, more than normal wear and tear of married life, is shown on or just before the date of incident.
Section 73 of the Cr.P.C. (now Section 75 B.N.S.S) empowers a Magistrate to issue a warrant of arrest against an accused who is alleged to have committed an offence that is non-bailable and is evading his arrest, even during the course of investigation.
The ‘sterling witness’ should be of a very high quality and caliber whose version should, therefore, be unassailable. The Court considering the version of such witness should be in a position to accept it for its face value without any hesitation or doubt as has been dealt with in the present case.
Once a dying declaration is found to be authentic inspiring confidence of the Court, then the same can be relied upon and can be the sole basis for conviction without any corroboration.
Testimony of an injured eye witnesses carries significant evidentiary value. Such testimony cannot be dismissed as unreliable unless there are substantial discrepancies or contradictions that undermine their credibility.
In cases of organized crime, where a criminal conspiracy is hatched for the transportation of substantial quantity of contraband, and the same is established through clinching evidence, failure on the part of the accused to provide explanation would prove fatal to their defence.
A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual of such a heinous offence.
Unless, it is established that the original document is lost or destroyed or is being deliberately withheld by the party, secondary evidence in respect of that document cannot accepted
Rather than applying strict classification of the type of offence that warrant death sentence, the Court must focus on considering the aggravating and mitigating circumstances and arrive at individualised sentencing outcome on case to case basis.
Mere suspicion is not enough to prosecute the accused for offence punishable under Section 370 of the IPC for human trafficking in absence of cogent evidence in relation of exploitation.
Monetary compensation should be awarded for established infringement of fundamental rights under Article 21 of the Constitution of India i.e. right to life.
“The ‘sterling witness’ should be of a very high quality and caliber whose version should, therefore, be unassailable. The Court considering the version of such witness should be in a position to accept it for its face value without any hesitation.”
“Testimony of 'sterling witness', which is of high quality on caliber can be accepted without requiring additional corroboration.”
“When there is a comprehensive remedy of arbitration clause under the Regulations, a case which is of civil dispute cannot be converted into a criminal dispute, it would be an abuse of the process of law.”
It is the prerogative of the authority issuing the tender to lay down the conditions as per its requirement, but the conditions should not be arbitrary or impracticable so as to restrict participation of intending bidders.
The participation of women in the work force is not a matter of privilege, but a constitutional entitlement protected by Articles 14, 15 and 21 of the Constitution; besides Article 19(1) (g).
Child adoption/child care leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family.
Female Officers/employees of the Indian Institute of Management are entitled for Child Adoption Leave as per Rule 43-B of the Central Civil Services (Leave) Rules 1972, as the HR Policy of IIM, Raipur, is silent on this aspect.
A fundamental right under Articles 19/21 can be enforced even against persons other than the State or its instrumentalities.
Conviction can very well be based on the unrebutted and consistent evidence of prosecutrix corroborated by other evidence.
Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the Court should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.
Testimony of a child witness has to be carefully scrutinised before the same is believed by the Court and if the Court finds it to be reliable, trustworthy and truthful, then the same would not be discarded on the mere premise that the witness happens to be a child witness and once the testimony of the child witness is corroborated by other evidences on record, then the same would be admissible.
Order 17 Rule 1 CPC - Speedy justice, timely justice and timely delivery of justice are legal rights of a litigant. Courts can grant time and adjourn the hearing of a case if sufficient cause is shown but it is limited to a maximum of three times.
Order 16 Rule 2 CPC – It is open to the parties to summon the witness or without applying the summons, bring the witness to lead evidence or to produce documents subject to relevancy.
Compassionate appointment is a concession, not a right. Once accepted, no claim for change or upgradation of post is permissible. Judicial review in such matters is limited.
In a case of murder, conviction should be based on such evidence which is admissible in the Court and this should be done on the basis of direct and circumstantial evidence even in the event of non-recovery of the dead body.
“ Employee involved himself in a crime but acquitted later is not entitled to back-wages, as he had disabled himself for rendering the service on account of conviction or incarceration in jail.”
Recovery from pension cannot be made on the basis of show cause notice however, it can be ordered if, in any departmental or judicial proceedings the employee concerned found guilty.
The Court while exercising power under Section 33 of the Indian Stamp Act, 1899 may refer the document to decide the issue as to whether the document is duly stamped or not. The legislature has conferred the power to the Court to adjudicate proper stamp duty and penalty while impounding the document & bar of Limitation contemplated in Section 48 B of the Act, 1899 would not attract.
Common object of the unlawful assembly can be gathered from the nature of the assembly, arms used by them and the behaviour of the assembly at or before the scene of occurrence. It is an inference to be deduced from the facts and circumstances of each case.
If an appointment has been made initially by nomination, there can be no violation of any provision of the Constitution in case the legislature authorised the State Government to terminate such appointment at its pleasure and to nominate new members in their place.
The evidence of injured witness cannot ordinarily be doubted on account of minor contradictions and conviction can be based upon such evidence subject to corroboration with other incriminating factors.
Even if there is any sort of procedural irregularity with respect to non-compliance of Standing Order No.1/89 issued by the Central Government and delay or deviation from Section 52A of the NDPS Act, the same will not by itself fatal to the case of prosecution if recovery and seizure of contraband from the possession of the appellant is established from other evidence.
When a child in conflict with law is tried as an adult for any serious offence for which the sentence prescribed is life sentence, the same can very well be awarded subject to the restraint that it may be awarded with possibility of release, and not otherwise.
The offences under the Atrocities Act can only be attracted if it is proved beyond reasonable doubt that the offence has been committed on a member of Scheduled Caste or Scheduled Tribe community knowing that such person belongs to the said community.
The auction sale can be quashed if the auction proceeding smells the fraud and collusion.
A "related" witness, who may be naturally present at the scene of the crime, his testimony should not be dismissed simply because of his relationship to the victim and the Court must assess the reliability, consistency, and coherence of his statement rather than labelling him as untrustworthy.
Before awarding capital punishment, the Court has to strike a balance between the aggravating and mitigating circumstances viz. mental and emotional condition, age, possibility of reformation and rehabilitation of the accused, brutality and the manner in which the offence is committed, which makes the case fall under the category of rarest of rare case and death penalty would be the only appropriate and meaningful sentence.
In absence of any definitive evidence of ‘last seen’ and also the proximity of time gap between last seen and recovery of dead body, the ‘last seen’ theory cannot be invoked when there is no other corroborative evidence to shift the onus of the accused under Section 106 of the Indian Evidence Act, 1872.
Where there is two view possible, the view which is in favour of the accused, should be taken into consideration.
According to the provisions of Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, employees engaged by contractors for loading/unloading, cannot be treated employees of the establishment, in the absence of cogent evidence and an enquiry under Section 7A of the Act, 1952.
The Courts should be reluctant in interfering with contracts involving technical issues as the Courts lack the necessary expertise to adjudicate upon such issues. The approach of the Court is not to find fault with the decision of the authority issuing tender, instead the Court should examine as to whether the decision-making process was after complying with the procedure contemplated under the tender conditions.
The inference of common object has to be drawn from various factors such as weapon used, their movement, the act of violence and the result, and the person who were the members of such unlawful assembly, all of them are vicariously liable for the act of such unlawful assembly irrespective of their individual act.
Trivial discrepancies would not made the evidence of eye witness unbelievable as mathematical niceties cannot be expected from a witness after lapse of some time of the incident
Where there is plurality of Dying Declaration, each of them has to be separately assessed, and evaluated, and the one which is found to be voluntary, reliable, and made in fit mental condition under the surrounding facts and circumstances of the case, it can be relied upon without any corroboration.
The report of the occurrence was dictated by the deceased herself with respect to the transaction which resulted in her death is admissible under Section 32 of the Indian Evidence Act, 1972 as a Dying Declaration.
The Court can rely upon the testimony of a minor witness and it can form the basis of conviction if the same is credible, truthful and is corroborated by other evidence brought on record.
When considering the evidence of a victim subjected to a sexual offence, the Court does not necessarily demand an almost accurate account of the incident. Instead, the emphasis is on allowing the victim to provide her version based on her recollection of events, to the extent reasonably possible for her to recollect.
If the totality of the circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the Court should ordinarily have no hesitation in accepting her evidence.
A conspiracy is always hatched in secrecy and it may be difficult to adduce direct evidence of the same and the prosecution will often rely on evidence of acts of various parties to infer that they were done in reference to their common intention. The conspiracy can be undoubtedly proved by such evidence direct or circumstantial.
The minimum qualification of B.Ed fixed by the NCTE under the National Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as an Education Teacher and Physical Education Teacher in Pre-primary, Primary, Upper primary, Secondary, Senior secondary or Intermediate schools or Colleges) Regulations, 2014 for recruitment of Teacher (Agriculture) in Higher Secondary Schools, is prevailing over the Chhattisgarh School Education Service (Educational and Administrative Cadre) Rules, 2019 and the State Government cannot dilute the said requisite qualification of B.Ed for recruitment on the said post.
The non-compliance of Rule 10 and 11 of the NDPS Rules/Standing Order No. 1/89 issued by the Central Government and delay or deviation from Section 52-A of the NDPS Act, will not by itself fatal to the case of prosecution if recovery and seizure of the contraband from the possession of the accused is clearly established from other evidence in its cumulative effect.
If the Rules made for general good, causes hardship to an individual, the same could not be a ground for striking down the said Rules.
The statutory authority is entitled to frame the statutory rules laying down the terms and conditions of service as also the qualifications essential for holding a particular post.
The confession given by one accused is not substantial evidence against the other accused and can be used against the other accused only when other evidence is available against the other accused and the Court feels that the confession of crime should be used to support the other evidence, only then the confession of crime can be used against the other accused.
Once a dying declaration is found to be authentic inspiring confidence of the Court, then the same can be relied upon and can be the sole basis for conviction without any corroboration.
In case of serious doubt as to whether victim / deceased was in fit state of mind to make dying declaration and in absence of certificate of doctor, it would be unsafe to convict an accused on the basis of dying declaration for offence under Section 302 of the IPC.
Application filed under Order 7 Rule 14 CPC should be allowed if application indicates exceptional circumstances as it is not a hollow formality.
Three ingredients are requires for the offence of Section 364-A I.P.C., one is kidnapping or abduction, second is threat of death coupled with the demand of money and thirdly when the demand is not made, then causing death or hurt and if all these three ingredients are available that will constitute the offence under Section 364-A of I.P.C. and in absence of any one of the mandatory conditions the accused cannot be convicted.
Holder of an office ‘under pleasure of the Government’ could be removed at any time without notice, without assigning cause and without there being a need for any cause.
In cases of homicidal death, if both intent and knowledge are present, the offence would fall under Section 304 Part-I of the IPC, however, if the act is committed with knowledge but without the intent to cause death or bodily injury likely to result in death, it would be classified under Section 304 Part-II of IPC.
Retrospective seniority cannot be given to an employee from a date when he was not even borne in the cadre, nor can seniority be given with retrospective effect as that might adversely affect others.
While considering the mixture of narcotic drugs or psychotropic substance for the purpose of determining whether it would constitute “small quantity or commercial quantity”, not only the quantity of ‘offending drug’ but the quantity of ‘neutral substance’ mixed should also be taken into consideration.
The Evidence of a child witness is not required to be rejected per se, but the court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about the quality thereof and reliability can record conviction, based thereon.
The conviction can be based on testimony of the victim, who is a minor, supported by other corroborative piece of evidence led by the prosecution.
Ordinarily the Court should not interfere with the invocation or encashment of a Bank guarantee so long as the invocation is in terms of the Bank guarantee.
Delay, laches and acquiescence is an important factor which has to be borne in mind while deciding a claim especially when the claim is sought to be made applicable with retrospective effect.
The power to remit a sentence considering gravity and nature of offence is discretionary, but must stand the scrutiny of Article 14 and 21 of the Constitution of India.
A person shall have no locus standi to file a writ petition if he is not personally affected by any order/action or his fundamental rights invaded or violated.
A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman, as she cannot be compelled to give birth to a child of rapist.
Capital punishment can only be awarded in very exceptional and rarest of the rare cases, which is lacking in present case, accordingly, death sentence awarded to the appellant is commuted to imprisonment for life by directing that the life sentence must extend to the imprisonment for remainder of natural life of the appellant.
Ombudsman under the ‘MGNREG Act’ is amenable to RTI Act,2005.
Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice.

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