Illegal Mining -- Prohibition of mining operations - Supreme Court vide its order in Goa Foundation II prohibited mining as well as transportation of mineral/iron ore with effect from 16.3.2018 - However, words used were that lessees are permitted to manage their affairs and are permitted to continue mining till 15.3.2018 - Only prohibition contained is said order after..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Should not invariably be limited to a fixed period - It should inure in favour of accused without any restriction on time - Normal conditions u/s 437(3) r/w S.438(2) should be imposed - If there are specific facts or features in regard to any offence, it is open for Court to impose any appropriate condition..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Criminal Procedure Code, 1973, Section 438 -- Grant of anticipatory bail - Challenge as to - Accused not cooperating with investigation, as a result further investigation could not be proceeded and charge sheet is yet to be filed - However, counsel of accused stated that accused is ready to render all cooperation with I.O - Since anticipatory bail was granted way back in..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Sufferings in prison cannot be ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Delay in disposal of mercy petition may be a ground calling for judicial review of order passed u/arts 71, 161 of Constitution - But quick consideration of mercy petition and swift rejection of same cannot be a ground for judicial review of order passed..........
Service -- Termination order - Whether ex facie stigmatic - Allegation of sexual harassment - Termination order not issued after subjecting incumbent to a regular inquiry as per service rules, thus, it is illegal being ex facie stigmatic - Appellant reinstated, but leaving question regarding back wages, as it is a matter which will be subject to outcome of further action..........
Election -- Recounting of votes - Appellant/election petitioner pleaded about serious irregularities committed by officials during counting of valid votes cast in his favour and invalid votes taken into account in favour of respondent - He also examined witnesses to substantiate that fact - Appellant substantiated the allegation made in election petition - No fault can be..........
Election -- Recounting of votes - Direction of Tribunal to place report contained in sealed envelope before District Election Officer for declaration of result - Challenge as to - Direction even if inappropriate would not affect order of recount of votes - Moreover, it was open to High Court to mould the direction issued by Tribunal instead to issue direction u/s 140 of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - No materials that order granting bail suffers from no, application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record - Offence alleged no doubt is grave and serious and there are several criminal cases pending against accused but..........
