Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Kidnapping and rape case - Documents placed before High Court in support of claim of juvenility are fabricated and manipulated - High Court committed error in relying on fabricated birth certificate issued by municipal authority to determine juvenility of accused - Order of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while exercising limited jurisdiction u/s 482 Cr.P.C. cannot undertake a roving enquiry in the matter...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court has to look to prima facie offence arising from contents of FIR, taken at its face value - High Court cannot weigh evidentiary material justifying investigation, which essentially belongs to the domain of Investigating Officer...........
Service -- Dismissal - Misconduct - No evidence led by department to prove misconduct against respondent - In the absence of any proof of misconduct, order of punishment of dismissal from service was rightly interfered by Tribunal as affirmed by High Court - Matter remitted back to disciplinary authority to conduct departmental proceedings from the stage prior to order of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Service -- Disabled ex-serviceman - Decision to allot land but no letter of allotment issued - However, decision to allot land was only inter departmental communication and not a communication to the disabled soldier - Inter departmental communication cannot be the basis to claim any right - Disabled ex-serviceman not taken any action for almost 27 years after so-called..........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
