Service -- Judicial scrutiny - While creation of posts is primarily an executive function, refusal to sanction posts cannot be immune from judicial scrutiny for arbitrariness - Non-speaking rejection on a generic plea of financial constraints, ignoring functional necessity and employer's own long standing reliance on daily wagers to discharge regular duties, does not meet..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Directions issued: (i) No trial Court or any of High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that accused might be ready to furnish for the purpose of obtaining appropriate reliefs; (ii) High Courts as well as trial Courts shall decide..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Indian Penal Code, 1860, Section 304B, 498A -- Bail - There is prima facie disclose ingredients attracting the offence alleged - The right of the victim, especially a young woman who died while allegedly being harassed for dowry, and who was three months pregnant, must be given due regard - Her voice, now silenced forever, can only be heard through the evidence brought..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Service -- Appellants were reappointed on a regular basis as per Government Order (G.O) 2013 - However, by subsequent G.O. 2016 those who were appointed on basis of G.O. 2013 shall not be eligible for seniority and employment of probation as other regular employees - Subsequent G.O. seek to withdraw what is specifically conferred by earlier G.O. - Subsequent G.O. 2016 is..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 20 -- Plea of juvenility - S.20 of the Act enables Court to consider and determine juvenility of a person even after conviction by regular Court...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Confession if any cannot be looked into at the stage of anticipatory bail or even in regular bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(1)(g) -- Contraband - Juvenile - Petitioners originally convicted as a juvenile have now attained majority - They cannot be ordered to undergo sentence imposed upon them in a special home or a regular penitentiary - FIR was lodged on..........
