The Court in exercise of power under Article 142 of the Constitution cannot curtail the fundamental rights of the citizens conferred under the Constitution and pass orders in violation of substantive provisions which are based on fundamental policy principles, yet when a case of the present nature arises, it may issue appropriate directions so that criminal trial is conducted in accordance with law. It is the obligation and duty of this Court to ensure free and fair trial.
Discrimination against women -The pattern of evaluation in Indian Army in case of women, by excluding subsequent achievements of the petitioners and failing to account for the inherent patterns of discrimination that were produced as a consequence of casual grading and skewed incentive structures, has resulted in indirect and systemic discrimination. This discrimination has caused an economic and psychological harm and an affront to their dignity.
A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872. It alone can also form the basis for conviction if it has been made voluntarily and inspires confidence. If there are contradictions, variations, creating doubts about its truthfulness, affecting its veracity and credibility or if the dying declaration is suspect, or the accused is able to create a doubt not only with regard to the dying declaration but also with regard to the nature and manner of death, the benefit of doubt shall have to be given to the accused. Therefore much shall depend on the facts of a case. There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration.
Disapprobation of governmental inaction cannot be branded as an attempt to promote hatred between different communities. Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases, unless such speech has the tendency to affect public order. The sequitur of above analysis of the Facebook post made by the Appellant is that no case is made out against the Appellant for an offence under Section 153 A and 505 (1) (c) IPC.
Whether a benefit of doubt resulting in acquittal of the accused in a case charged under Sections 302,323,341/34 of the Indian Penal Code can create an opportunity for the accused to join as a constable in the Rajasthan Police service-NO- Any Govt circular favouring acquitted accused for job has to be read in the context of the judicial pronouncements that giving benefit of doubt would not entitle candidate for appointment.
A GD entry recording the information by the informant disclosing the commission of a cognizable offence can be treated as FIR in a given case and the police has the power and jurisdiction to investigate the same. The appellant has been summoned for a preliminary enquiry only to ascertain whether cognizable offence is disclosed or not. If the preliminary enquiry discloses the cognizable offence, then a first information report will be registered against the appellant.
SUIT FOR INJUNCTION-It is trite law that, in a suit for declaration of title, the burden always lies on the Plaintiff to make out and establish a clear case for granting such a declaration and the weakness, if any, of the case set up by the Defendants would not be a ground to grant relief to the Plaintiff. There cannot be any dispute to the proposition laid down by Supreme Court in the above cases. But coming to the facts in the present case the present suit giving rise to this appeal, was not a suit for declaration of title and possession rather the suit was filed for injunction.
it is well settled that if the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order on the basis thereof, no further detailed reasons are required to be recorded in the order imposing punishment.
Court’s power under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure while considering the applications for bail since the petitioner is already in Judicial custody. The legislature has provided specific remedy under Section 439 Cr.P.C. for applying for regular bail.
Whether bias was caused by complainant also being the investigating officer?
Whether alternate version has been established and what is the effect of lack of independent witnesses?
Whether High Court erred in reversing acquittal in appeal?
(A) What is the scope and essence of the High Court’s appellate jurisdiction against a judgment of acquittal?
(B) What is the extent of reliance upon a document with which the other side was not confronted with during cross-examination?
C) Whether non-examination of independent witnesses vitiates the prosecution case?