Lambardari Writ maintainable for a direction to the Financial Commissioner to decide the pending revision petition August 1, 2022 phlaw
Powers - JMIC Slipshod investigations by IO – petitioner can approach JMIC for investigations that too by an officer not below the rank of DSP. August 1, 2022August 1, 2022 phlaw
Perjury Indian Penal Code, 1860 (45 of 1860), Section 191 – Perjury — False evidence — Affidavit — An affidavit is ‘evidence’ within the meaning of Section 191 of the IPC and a person swearing to a false affidavit is guilty of perjury. August 1, 2022 phlaw
SARFEASI Expression “District Magistrate” and the “Chief Metropolitan Magistrate” as appearing in Section 14 of the SARFAESI Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate for the purposes of Section 14 of the SARFAESI Act. July 28, 2022 phlaw
Arbitration HELD arbitration proceedings earlier initiated in the Court at Vishakhapatnam only High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act and not Orrisa High court July 26, 2022 phlaw
Service Cases Rejection of candidature – RPF Constable – Candidate has used different language for filling up of the application form and the OMR answer book, therefore, his candidature was rightly rejected. July 26, 2022 phlaw
Culpable Homicide Prosecution can lead evidence only in accordance with the charge framed by the trial court – Where a higher charge is not framed for which there is evidence, the accused is entitled to assume that he is called upon to defend himself only with regard to the lesser offence July 26, 2022 phlaw
Acquittal It would not be safe and/or prudent to convict the accused solely on the basis of their identification for the first time in the Court – Conviction under Sections 302/34 and 392 of IPC is set aside. July 24, 2022 phlaw
Bail Granted Punjab Excise – the role attributed, the nature and gravity of the offence, the stage of the case as well as the period of custody already undergone by the petitioners, Court deemed it appropriate to allow the petitions — Petitioners admitted to regular bail. July 24, 2022 phlaw
Bail Granted Attempt to murder – Even the injuries are on the non-vital parts of the body and the weapons claimed to have been used in the occurrence are blunt weapons – Bail granted July 24, 2022 phlaw
