Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
Service -- Appointment - Post of Nurses (ANM and HS) - Claim of batch wise seniority - Post of Health worker/ANM is to be filled by direct recruitment - Mode of selection does not eliminate requirement of rule prescribing essential qualifications, nor does it relieve any candidate from obligation to apply for post and face scrutiny of committee of candidature - Since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17C -- Recovery of 5 kg opium - Search and seizure - Dispassionate scrutiny of oral testimony of independent witness, PW5 and PW6 coupled with panchnama suggest that independent witness is not a trustworthy witness - Prosecution failed to establish fundamental facts of search, seizure and taking sample beyond..........
Advocates Act, 1961, Section 7(1)(h), Constitution of India, 1950, Article 19(1)(g) -- Ban on opening of New Law Educational Institutes - Due to non-compliance of guidelines/circulars by law college already approved - BCI cannot justify its failure to ensure maintenance of standards of Legal Education by imposing complete ban on setting up of New Law Colleges in violation..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of a hostile witness cannot be rejected in toto unless such evidence stands wholly discredited in backdrop of factual matrix of case - Court will shift such evidence with greater scrutiny and circumspection and rely only on such parts of evidence which remain unimpeachable...........
Karnataka Land Reforms Act, 1962, Section 66, 79(1)(b)(iii) -- Declaration of holding - Partnership firm obtained forest area - However, it is not explained by declarants as to how estate of firm devolved upon its partners - No legal instrument brought, through which property of firm became partners individual property - There is prohibition on an association or other body..........
Service -- No presumption that a decision taken by persons occupying high posts is valid, as judicial scrutiny of a decision does not depend on rank or position held by decision maker - Court is concerned with legality and validity of decision and rank of decision maker does not make any difference - All power vested in authorities has to be discharged in accordance with..........
Service -- Appointment - Reserved category - Petitioner appointed against reserved post - Caste certificate submitted by petitioner invalidated by Scrutiny Committee - Appointment of petitioner is thus void ab initio...........
Haryana Management of Municipal Properties and State Properties Rules, 2007, Rule 9, 11 -- Cancellation of lease - On the ground that land could have only been allotted for institutional purposes and that it could have been disposed of only through auction - Both these reasons cannot stand judicial scrutiny because R.11 of the Rules clearly states that nazul properties can..........
