FIRST LAW

The Code of Criminal Procedure Code, 1973 - Section 482 - The Indian Penal Code, 1860 – Section 498A and 34 - Looking to the tendency of falsely implicating close relatives of husband by the complainant / wife in matrimonial cases, it becomes the duty of the Court to ascertain whether there is sufficient material available in the charge-sheet to prosecute the close relatives of the husband about which it prima facie appears that they have been arrayed subsequently just to take revenge without any cause.

Protection of Children from Sexual Offences Act, 2012 - In present scenario where day-by-day such type of crime continuously increased, reformative ideas are totally ineffective. Justice demands that the Court should impose punishment befitting the crime so that it reflects public abhorrence of the crime. [Para 34]

Judicial review in policy matter which is wisdom of the policy, cannot be judicially scrutinised, though the Court can consider whether the policy is arbitrary or violative of law.

Banking Law -  the terms and conditions of the guarantee agreement are to be relied upon and the Bank cannot travel beyond the terms and conditions of the guarantee agreement.

Advocates Act, 1961 -  The High Court has power to issue a writ to any person or Authority including any Government within its territory for enforcement of any of the rights conferred by Part-III of the Constitution of India and/or any other purpose. The writ jurisdiction is being exercised to protect the fundamental rights of the members of the Bar to appear in the Court and also the fundamental rights of the citizens of the State to get their cases decided with the assistance of the Advocates engaged by them. Therefore, the writ petition against call by the Bar to abstain from work has not become  infructuous  and that the writ court is bound to protect the rights of the citizens.

Perjury - Prosecution for perjury can be directed in the larger interest of the administration of justice only in case of deliberate falsehood.

Criminal P.C. 1973 - S.482 - Penal Code, 1860 - Ss. 420, 406, 506, 294 & 34 - C riminal Proceedings cannot be resorted to settle the civil claims.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - the Act override all other provisions of the law which are inconsistent therewith, therefore, will prevail over the provisions of all other Statutes and so as the Arbitration and Conciliation Act, 1996 to the extent of inconsistencies.

Mere pendency of dispute raised by the petitioners before the competent Arbitral Tribunal against the decision that they have defaulted in performance of contract would not mean that they have not incurred disqualification as per the tender condition particularly when the tender conditions are being applied in a transparent and in a nondiscriminatory manner. In any case, this Court in judicial review cannot hold that such condition is beyond the jurisdiction of the respondents.

Evidence Act, 1872 - S. 9 -  Merely having identification of the accused persons and articles by prosecution, which has not been proved, the conviction of the accused is unsustainable in law. Evidence Act, 1872 - S. 9 - When the witness fails to identify the accused in Court, there remains no substantive evidence at all on which a conviction can be based. Evidence Act, 1872 - S. 9 - Identification of the accused by way of Test Identification Parade is primary evidence, but it is not a substantive piece of evidence. Such evidence can be used for the purpose of corroboration regarding identification of the accused by witness before the Court.  In case, the accused has not been identified by the witness in Court, it may not be a substantive piece of evidence, but after his / her identification, it would be vice versa; and Court may rely on such evidence for the purpose of convicting the appellant. It can safely be observed that a witness is put to Test Identification Parad...

If because of poor investigation and tainted prosecution, the accused suffers and it is apparent that he is innocent then he deserves compensation from the State under Right to Life.

The State has a right to assess the suitability of a candidate for appointment with or without interview. The State having exercised the jurisdiction in terms of Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1990, it cannot be said that power of relaxation to do away with the interview is illegal.

Criminal P.C. 1973 -  S.374 - Penal Code, 1860 - S. 302 -  Evidence Act, 1872 -  S. 32 -  Dying Declaration -  A dmissibility of -  One of the principles, which is always kept in mind, while examining the dying declaration of the deceased is that "a man will not meet his Maker with a lie in his mouth".

Criminal P.C. 1973 - S. 228 -  Framing of Charge -  While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its  prima facie  satisfaction on the basis of the material available on record that there is a ground for  presuming  that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.

Representation of the People Act, 1951 - Ss. 83 & 123(4) - Corrupt Practice -  To constitute any 'statement of fact' as corrupt practice under section 123(4) of the R.P.Act, the same must reflect on personal character or conduct of the candidate.

Criminal Procedure Code, 1973 - Ss. 259 & 482 -  Power of Court to convert summons-cases into warrant cases - E xercise of jurisdiction under Section of the 259 Cr.P.C. is not available to the Magistrate at the early stage of trial.

A borrower cannot be declared as willful defaulter in a mechanical manner. 

Penal Code, 1860 - S. 489B - Recovery of large number of counterfeit currency notes from an accused in public place are sufficient to establish the mens rea and knowledge or reasons to believe the same to be forged or counterfeit and intending to use the same as genuine. Thus, the case is not of mere dormant possession, but it is a case of active transportation of currency notes which would fall with the expression traffics in currency notes under Section 489-B of IPC.

W hen a case rests on circumstantial evidence, the Court has to be satisfied that the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established and also form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else.

Code of Criminal Procedure, 1973 -  Section 482 -  No right is conferred by the Code to the accused person to prove his innocence at the stage of framing of charge.