Digi - Legal Insights
SERVICE LAW
Details
Maternity
benefits - Under Section 27 of the Maternity Benefit Act, 1961, central law
overrides inconsistent service rules; denial of paid maternity leave to
temporary government servants is unlawful and discriminatory.
SERVICE LAW
Details
Recruitment
process - Rejection of candidature on account of clerical error in application
form, despite clear proof of eligibility in academic records, is unjust;
candidature must be considered to avoid injustice.
CRIMINAL LAW
Details
Rape
and cheating - Conviction quashed on basis of complainants voluntary compromise
and withdrawal of allegations - Continuation of proceedings held abuse of
process - Appellant acquitted - Appeal allowed.
CRIMINAL LAW
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Interim
possession - Revisional court cannot alter possession status in preventive
proceedings under Section 164 BNSS - Sessions Court exceeded jurisdiction by
granting interim access - Impugned order quashed - Petition allowed.
CRIMINAL LAW
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Immoral traffic - Prosecution failed to prove
accused lived on earnings of prostitution or procured victim - Essential
ingredients under Sections 4 and 5 not established - Acquittal upheld - Appeal
dismissed.
CRIMINAL LAW
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Premature release -
Sentence Review Board must consider social history, reformation, and conduct in
prison, not merely gravity of offence - Rejection order found arbitrary - Set
aside - Petition allowed.
CRIMINAL LAW
Details
Victims right to
legal representation - Victim entitled to engage eminent Senior Advocate of
choice outside notified panel; refusal by District Magistrate held untenable -
Petition allowed.
CRIMINAL LAW
Details
Bail - Non-compliance with daily reporting condition justified on medical grounds - Condition modified as infructuous - Cancellation of bail quashed - Petition allowed.
CRIMINAL LAW
Details
Bail
and fair trial - Failure to provide effective legal aid vitiates fairness of
proceedings - Cross-examination by accused found inadequate - Sessions Court
directed to rehear bail application with proper legal assistance and relevant
materials.
CRIMINAL LAW
Details
Bail
- Even in allegations of criminal conspiracy and contract killing, where
electronic evidence like voice recordings is unverified and no proclamation
under Section 82 CrPC is issued, applicant cannot be treated as absconder; bail
may be granted with conditions.
CRIMINAL LAW
Details
Quashing
of charge sheet - Accused possessing valid passport cannot be prosecuted for
offence under Foreigners Act and Passport Rules - Charge sheet and proceedings
quashed - Petition allowed.
CRIMINAL LAW
Details
Quashing of FIR - Where parties are married and complainant admits filing under misconception, continuation of proceedings for offence under Section 376(2)(n) IPC is unjust; FIR quashed.
CRIMINAL LAW
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Quashing of Criminal Case - Proceedings under IPC Sections 354, 376 and POCSO Act unsustainable where continuance would jeopardize welfare of victim and child born out of wedlock; Court justified in exercising inherent powers under Section 482 CrPC.
CRIMINAL LAW
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Conviction under
Section 498A IPC set aside as allegations were vague, general, and
uncorroborated by material witnesses trial court failed to evaluate
inconsistencies.
CRIMINAL LAW
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Petition under Section
311 CrPC dismissed as petitioner had no locus to seek impleadment as witness 16
years after crime and trial had already concluded.
CRIMINAL LAW
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Issuance of process
under Section 138 NI Act upheld as Magistrate complied with Section 202 CrPC by
examining complainant and documents, despite accused residing beyond
jurisdiction.
CRIMINAL LAW
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Conviction under
Sections 120B and 411 IPC set aside as prosecution failed to prove appellants
knowledge or connection with fraudulent transactions and identification of
recovered property was doubtful.
CRIMINAL LAW
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Conviction upheld based
on victims consistent testimony corroborated by medical evidence; delay in FIR
not fatal.
CRIMINAL LAW
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Conviction set aside as
findings on Sections 304A and 325 IPC lacked clarity on individual role of each
accused and Section 149 IPC was improperly invoked.
CRIMINAL LAW
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Conviction confirmed as
victims testimony was consistent and supported by medical and DNA evidence.