Search results for ‘SC 2009

Schulze Allen v Royal College of Veterinary Surgeons – 1/7/2019

The Judicial Committee of the Privy Council – In their Decision on Facts the Committee did not expressly address the issue of whether Dr Schulze Allen’s infraction was a criminal conviction. But they must have decided that it was. For otherwise they would have had no power to direct the removal of his name from the register under section 16(1)(a) of the Act.

A person aggrieved by the order of a Tribunal can challenge the findings by a writ petition before High Court: SC on Assam Citizenship Case

MAY 17, 2019.-Abdul Kuddus Vs. Union of India and Others – where the issue and question of nationality has already been determined under the 1964 Order, an appeal would not be maintainable under paragraph 8 of the Schedule to the 2003 Rules. The determination would be final and binding on the Registering Authority under the Schedule and the Local Registrar. Paragraph 8 does not envisage and provide for a second round of litigation before the same authority i.e. the Foreigners Tribunal constituted under the 1964 Order on and after preparation of the final list. Provisions of paragraph 8 of the Schedule to the 2003 Rules will apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal.

In case of inordinate delay in lodging FIR, Court may reject the case if delay is not satisfactorily explained-SC

CRIMINAL – Sections 365 and 352 of the Indian Penal Code – Normally, the Court may reject the case of the prosecution in case of inordinate delay in lodging the first information report because of the possibility of concoction of evidence by the prosecution. However, if the delay is satisfactorily explained, the Court will decide the matter on merits without giving much importance to such delay. The Court is duty bound to determine whether the explanation afforded is plausible enough given the facts and circumstances of the case. The delay may be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely – SUPREME COURT OF INDIA [ March 29, 2019 ]