Case Law - Miscellaneous

Reference of matter to a Larger Bench of the Supreme Court, requirements of… [Dr. Shah Faesal and Ors. V. Union of India and Anr.]

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…

April 19, 2020

Criminal offence committed by a member of Schedule Tribe, Jurisdiction of court [State of Meghalaya V. Melvin Sohlangpiaw]

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 

April 14, 2020

Conviction of appellant under section 138, whether can be set aside on basis of compromise arrived at between parties [M/S GANGA BHAVANI CONSTRUCTIONS V. THE STATE OF ANDHRA PRADESH & ANR.]

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)

November 7, 2019

Opinion of handwriting expert in case of proceedings under section 138, relevance of…[M. Abbas Haji V. T.N. Channakeshava]

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

November 7, 2019

Pending of civil suit between parties,whether can form a ground for dismissal of complaint filed under section 323,IPC…[Md. Allauddin Khan Vs. State of Bihar & Ors.]

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

July 26, 2019

High Court convicted accused under section 138 without there being any representation from accused’s side,whether justified..[Christopher Raj Vs. K Vijayakumar]

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.

July 26, 2019

Truck driver not in possession of valid licence at time of accident, whether insurance company was liable to pay compensation… [Parminder Singh Vs. New India Assurance Company Ltd. & Ors.]

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.

July 25, 2019

Failure of soldier to perform his duty in search operation launched against militant, whether a valid ground for dismissal from services.. [Dalbir Singh Vs. Union of India & Ors.]

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.

July 25, 2019
July 1, 2019

Seats lying vacant in medical college, whether constitutes a good ground to grant extension of time for counselling… [Education Promotion Society for India and Another Vs. Union of India and Others]

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

June 27, 2019

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