Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480(1)(i), 481(1)(i), 483, Bharatiya Nyaya Sanhita, 2023, Section 105 -- Bail in non-bailable offence punishable with life imprisonment - Magistrate cannot release an accused on bail when one of the offences alleged is u/s 105 BNS that prescribes imprisonment for life unless reasons are recorded u/s 481(1)(i) BNSS or the..........
Service -- Appointment - Economically Weaker Section (EWS) Category - Candidates will have to submit a caste certificate/reservation certificate which must exist prior to last date of application or last date of advertisement and should conform to prescribed proforma printed in appendix - If certificates relied upon by appellants were not in respect of financial year prior..........
Service -- Public recruitment - In matters of public recruitment, where large number of candidates participate, application forms are submitted online along with scanned eligibility documents, certificates, etc., such applications are processed through computer applications/software and therefore, any error in application is bound to result in rejection of candidature -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Trial Court has passed the impugned order of allowing application after a proper analysis of relevant facts and circumstances of case on the basis of sound reasons - Filing and allowing of application u/s 311 Cr.P.C. cannot be said to be an abuse of process of law and there is no error or illegality in..........
Election -- Election petition is to be decided on the basis of evidence available on record as may be led by parties - There is no scope of filing up of lacuna in proceedings relating to election petition - High Court committed error by remanding matter for taking fresh evidence, as such sweeping directions to call for witnesses and expert evidence cannot be passed when..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When error in decree was being pointed out and even if trial Court came to conclusion that application is wrongly captioned but if objection was there and there was error in decree, then trial Court was under obligation to correct error in decree before it being finally signed...........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
