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Service law

THE WEST BENGAL STATE ELECTRICITY TRANSMISSION CO. LTD & ORS. versus DIPENDU BISWAS & ORS.

A horizontally reserved post for PWD-LV falling under the Unreserved category is open to all PWD-LV candidates irrespective of their vertical social category, and such posts are to be filled on merit; therefore a more meritorious PWD-LV candidate from a reserved social category (OBC-A) can be appointed to the UR(PWD-LV) post by virtue of merit even if a less meritorious UR(PWD-LV) candidate is available, and reserved-category relaxations, if any, cannot be used to qualify a candidate for the unreserved post.

Source excerpt

  • Horizontal reservation
  • Vertical reservation
  • Persons with disabilities (pwd)
  • Unreserved category
  • Merit
  • Migration/mobility in reservation
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Criminal law

GAUTAM SATNAMI versus STATE OF CHHATTISGARH

The prosecution failed to establish a complete and exclusive chain of circumstantial evidence against the appellant: the principal ‘last-seen’ testimony was unreliable and possibly from an interested witness; recoveries pursuant to Section 27 were legally tenuous and not conclusively linked to the deceased; other distinguishing circumstances (including alleged quarrel, recovery of driving licence) were weak or contradicted. Suspicion, however strong, cannot replace proof. Consequently, the appellant was entitled to benefit of doubt and is acquitted of the charge under Section 302 IPC; the Hig…

Source excerpt

  • Circumstantial evidence
  • Last-seen testimony
  • Benefit of doubt
  • Motive
  • Related witness vs interested witness
  • Section 27 evidence act
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Criminal procedure

SAJAL BOSE versus THE STATE OF WEST BENGAL AND ORS.

The appeals were allowed and the chargesheet as to appellant Nos.1,2 and 3 was quashed because the FIR and material, when read with the uncontroverted CCTV footage collected during investigation, do not prima facie disclose offences against these appellants; the footage shows they were not present during the alleged assault and only sought to pacify matters; the allegations are vague and the proceedings are manifestly attended with mala fide, satisfying the Bhajan Lal categories and the four-step test in Pradeep Kumar Kesarwani, thereby justifying exercise of inherent jurisdiction to quash.

Source excerpt

  • Quashing of proceedings
  • Inherent jurisdiction of high court (section 482 crpc / section 528 bns 2023)
  • Electronic evidence (cctv)
  • Malafide prosecution
  • Parity among co-accused
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Criminal law

SIVAKUMAR versus STATE REP. BY THE INSPECTOR OF POLICE

The Supreme Court held that mere use of the word 'bastard' did not constitute an obscene act under Section 294(b) IPC and set aside those convictions; A-1 did not share the requisite common intention with A-2 to attract conviction under Section 304 Part II read with Section 34 and that conviction of A-1 was set aside while his conviction under Section 324 IPC was confirmed; A-2's conviction under Section 304 Part II IPC was confirmed; sentences were moderated by reducing A-1's sentence to the period already undergone and reducing A-2's sentence from five to three years rigorous imprisonment.

Source excerpt

  • Culpable homicide
  • Obscenity
  • Common intention
  • Use of abusive words
  • Sentencing reduction
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Criminal procedure

DR. S. BALAGOPAL versus STATE OF TAMIL NADU & ANR.

The Medical Board concluded that orchidectomy was an appropriate and recognized alternative in the clinical circumstances and the consent form on record showed 'Bilateral Orchidopexy/Orchidectomy' (a slash indicating both options); there was no material showing interpolation by different ink or hand and no malice attributed to the doctor; continuance of criminal proceedings would amount to abuse of the court's process and, to secure the ends of justice, the criminal proceedings were therefore quashed.

Source excerpt

  • Quashing of proceedings
  • Consent to medical procedure
  • Medical board opinion
  • Interpolation/forgery allegations
  • Abuse of process
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Criminal procedure

SAMARENDRA NATH KUNDU & ANR. versus SADHANA DAS & ANR.

Because the appellants were subordinate rank police officers who, at the time cognizance was taken in 2001, were not officers removable only with the sanction of the Government, Section 197(1) protection did not apply to them; further, the notifications of 19.11.2010 made under Section 197(3) cannot retroactively bar cognizance already validly taken, hence the appellants were not entitled to the protection of Section 197 and the appeal was dismissed.

Source excerpt

  • Section 197 crpc
  • Sanction for prosecution
  • Cognizance
  • Public servant
  • Notifications under section 197(3) crpc
  • Post-cognizance sanction
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Service law

JAI PRAKASH SAINI versus MANAGING DIRECTOR, U.P. COOPERATIVE FEDERATION LTD. & ORS.

Because the department did not produce any witness in the enquiry despite the appellant's denial of the charges, the enquiry was vitiated for non-observance of the principles in Sur Enamel/Kharak Singh/Chamoli; consequently the order of dismissal and recovery could not be sustained and was set aside with liberty to the Federation to hold a de novo enquiry within six months under the prescribed procedures.

Source excerpt

  • Disciplinary enquiry
  • Natural justice
  • De-novo enquiry
  • Cross-examination
  • Dismissal from service
  • Recovery of amount
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Service law

VIRINDER PAL SINGH versus PUNJAB AND SIND BANK & ORS.

Where service regulations expressly permit continuation of disciplinary proceedings initiated prior to superannuation, such proceedings can be continued and concluded after retirement and penalties that affect pension by reduction in pay scale are implementable by adjusting pension computed with reference to the reduced pay; in the present case Charge No.2 was partly proved and the punishment of reduction by three stages on a permanent basis was permissible and implementable.

Source excerpt

  • Disciplinary proceedings post-retirement
  • Reduction in pay scale
  • Pension computation
  • Continuance of inquiry after superannuation
  • Financial irregularity in loan disbursal
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Criminal law

V. GANESAN versus STATE REP BY THE SUB INSPECTOR OF POLICE & ANR.

The allegations showed that funds were advanced to make a movie on promise of sharing profits, the movie was completed and released, there were no allegations that the movie earned profits, and the post-dated cheques were issued to discharge an existing obligation; dishonour of post-dated cheques alone does not establish dishonest intention from inception; therefore the complaint disclosed only a civil cause of action and proceedings under Section 420 IPC were to be quashed.

Source excerpt

  • Cheating
  • Criminal breach of trust
  • Quashing of criminal proceedings
  • Dishonest intention
  • Post-dated cheques
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.