Article 32, read with Article 370 of the Constitution of India- Writ petition- Supreme Court- Writ petitioner sought reference of matter pertaining to power of President of India to pass Constitutional orders under Article 370 of constitution of India…
Respondent, a member of Khasi scheduled tribe was being tried for offence punishable under section 302 of the IPC i.e murder before the session Judge- Deceased was also belonging to same community – When the case came for trial, accused contended that since both the parties were tribals, the case was exclusively triable by the District Council Court
Where appellant was convicted under sec. 138 and awarded punishment for one year, in view of subsequent settlement arrived at between the parties, conviction was to be set aside and appellant was to be discharged (Paras 5,6& 7)
Where accused failed to explain how cheque signed by him came into possession of complaint, he could not be absolved under section 138 merely on opinion of handwriting expert that cheque in question had not been signed by him
On a complaint for alleged commission of offences under section 323, 379 and 34, mere pendency of civil suit between parties is not an answer to question as to whether any case was made out against accused or not
Where Trial Court acquitted accused from charges framed under section 138, High Court could not have convicted him without giving him an opportunity of hearing or without appointing amicus curiae in matter.
Where driver of truck did not hold valid driving licence at time of causing accident which resulted in permanent disability of appellant, insurance company could not be asked to pay compensation rather some had to recovered from truck driver as well as truck owner.
Where in course of search operation carried out against militant, appellant, a soldier, failed to perform his duty and escaped from scene resulting into death of one of his companion due to firing opened by terrorist, his dismissal from service was justified.
Where petitioner institute gave admission to students in excess of seats permitted by AICTE, said action being totally illegal, penalty order passed against petitioner was justified.
Merely because some seats are lying vacant in medical colleges is not a good ground to grant extension of time for carrying out counselling without there being any other justification
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