FIRST LAW

Code of Criminal Procedure, 1973 Discretion given under Section 88 to the Court does not confer any right on a person, who is present in the Court rather it is the power given to the Court to facilitate his appearance, which clearly indicates that use of word ‘may’ is discretionary and it is for the Court to exercise its discretion when situation so demands. [ Pankaj Jain Agencies Vs. Union of India ] Section 88 of the Cr.P.C. does not confer any right on any person, who is present in a Court. Discretionary power given to the Court is for the purpose and object of ensuring appearance of such person in that Court or to any other Court into which the case may be transferred for trial. [ Pankaj Jain Agencies Vs. Union of India ] Section 397 of Cr.P.C empowers the Sessions Judge to call for and examine the record of any proceeding before any subordinate criminal court situate within its jurisdiction for the purpose of satisfying itself as to the correctness, legality o...

Indian Penal Code, 1860 - Ss. 363, 366, 376 -  the victim was aged between 12 to 13 years at the time of occurrence and she was enticed away by the appellant-accused and kept in a room for a long period and appellant committed rape with her, there is no adequate and special reason for reducing the minimum sentence of seven years imposed by learned Trial Court against the appellant-accused under Section 376 I.P.C.

1. B. Muthukrishnan (Dead) By L. R. S Vs. S. T. Redddiar Educational & Charitable Trust [23/02/2018] 

Administrative Law - Appointment under the Evictee Scheme - Under the Evictee Scheme, what is available is only appointment under either Grade 'C' or Grade 'D' post. However, taking note of the vast experience and qualification of the first respondent, it will be open to the appellants to utilize her services appropriately, ignoring the category under which she is appointed. Union of India v. Acquilin Rose M. , C.A. No. 1877 of 2018 13-02-2018

Administrative Law - Appointment under the Evictee Scheme - Under the Evictee Scheme, what is available is only appointment under either Grade 'C' or Grade 'D' post. However, taking note of the vast experience and qualification of the first respondent, it will be open to the appellants to utilize her services appropriately, ignoring the category under which she is appointed. Union of India v. Acquilin Rose M. , C.A. No. 1877 of 2018 13-02-2018 Advocates - Bar Councils and Associations - State Bar Councils - Free and fair elections - Directions. Ajayinder Sangwan v. Bar Council of Delhi, JT 2018 (2) SC 122 : 2018 (2) Scale 249 : (2018) 2 SCC 770 : 2018 (1) SCC(Cri) 850 T.C. (C) No. 126 of 2015 05-02-2018 Arbitration - If the party which executes discharge agreement/discharge voucher, alleges that the execution of such discharge agreement or voucher was on account of fraud/coercion/undue influence practised by the other party but is not able to establish such a clai...