No embargo on the Appellate Court reviewing the evidence upon which anorder of acquittal is based

There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not. [See Bhagwan Singh andOrs. v. State of Madhya Pradesh, (2002 (2) Supreme 567)]. The principle to be followed by appellate Court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference.

State of Uttar Pradesh Vs. Ram Veer Singh & ors.

2007 (3) Crimes 399 (Supreme Court)

A person employed as Assistant Librarian of a College is not to be considered as teacher, and cannot be permitted to continue in college up to 60 yrs

Section 2(34) of Maharashtra Universities Act 1994 (as amended by Act 55 of 2000) The amended definition of “Teacher”.

Although, the Assistant Librarian of a University has been covered by the definition of teacher, the Assistant Librarian of the College has been advisedly not been included in the definition. The amended definition of "teacher" does not cover the Assistant Librarian of a college.

Therefore a person employed as an Assistant Librarian of the college is not to be considered as a teacher, and cannot be permitted to continue in college up to 60 years of age.

Source: 2007 (3) Maharashtra Law Journal 811 (Shaila Arun Limaye Vs. State of Maharashtra)

Disengagement of workmen engaged from time to time for fixed periodsas the exigencies of work required, not a retrenchment

Disengagement of an a workman engaged from time to time for fixed periods as the exigencies of work reequired, upon the expiry of the period of contractual appointment, would not amount to retrenchment even if the employee had worked for 240 days in immediately preceding calendar year. Section 25 F of Industrial Disputes Act, not attracted in such case.

Source: (2007) 3 Mh. L. J. 882 (Prakash Sawant Vs. Punjab and Sind Bank)

Whether High Court can grant relief on merits in a Contempt Petition when there was mere a direction by the court to "consider"

The court had directed to consider employees’ representation. The representation was considered and rejected on merits. Employee instead of assailing rejection in a fresh Writ Petiton, filed contempt Petition.

High Court disposed of the Contempt Petition by directing that the employee be absorbed in a suitable post.

Such an order is wholly without jurisdiction and should not have been passed. High Court cnanot give relief on merits, especially if contempt petition is not maintainable.

Source: (2000) 10 SCC 285

How the validity of order by statutory authority should be judged?

It should be judged by the reasons so mentioned in the order. The reasons cannot be supplemented by fresh reasons in the shape of affidavit or otherwise.

Source: AIR 1978 SC 851 (Mohinder Singh Vs. The Cheif Election Commisisoner)

Grant of approval by Education Officer is not a condition precedent toa valid order of appointment

Under Maharashtra Employees of Private Schools (Conditions of Service) Regualtion Act, grant of approval by Education Officer is not a condition precedent to a valid order of appointment.

Want of approval to appointment will not invalidate an order of appointmnet.

Source: (2007) 1 Mh. L. J. 597 (Full Bench)

Bringing a daily wager on CRTE (Converted Regular TemporaryEstablishment) : Kalelkar Award: Whether 240 days' "continuous service"for 5 years is a must ?

Kalelkar Award – Rule 28 – Bringing a daily wager on Converted Regular Temporary Establishment (CRTE)

Rule 28 contemplates continuation of a workman on the daily rated establishment for a period of at least five years, consecutively and without interruption. The rule does not contemplate actual working on the part of the daily rated employee for any specified numbe of days.

Irrespective of number of days of actual work rendered in each of the said five years, the employee would be entitled to the benefit of Rule 28 of having his post converted to the post of converted temporary establishment.

Source: 1992 Lab. I. C. 748 (The State of Maharashtra vs. M. V. Ghalge and another)

Video tapes and Compact Discs are Cinematograph

Video tapes and Compact Discs come within the expression cinematograph film in view of extended definition of words “Cinematograph Film” under section 2(f) of Copyright Act.

Source: 2007(2)Crimes 434 Ker (Sunil Kumar Vs. Malayalam Communications Ltd.)

Evidence of rape victim, if creditworthy, is sufficient to establishthe charge of rape

Evidence of victim of offence of rape itself, if acceptable, is sufficient to establish charge but such evidence should be creditword and admits no exception.

Source: 2007(2) Crimes 284 SC (Naravan @ Naran vs. State of Rajasthan)

Assistance by Lawyers to the Court is in the Public Interest, Says Supreme Court Of India

The Supreme Court of India has emphasized the importance of assistance rendered by, and the positive response and generosity shown by lawyers to the court whenever requested.

In a case reported in (1993) 4 SCC 327 the Supreme Court has this to say:

" .....Apart from providing proper assistance to the court, the assistance by the lawyers would ultimately tend to be in the interest of the litigants themselves. It would also take care of preventing objectionable and unparliamentary language in the pleadings, which some of the parties in person permit themselves the liberty of indulging in, not being familiar with the court craft and the bounds of law within which the parties must formulate their pleadings in proper language. Such a course would advance public interest while safeguarding individual interests also. Our experience shows that every advocate - senior, not so senior and junior - whenever requested by the court to offer assistance has responded positively and generously ......" (emphasis supplied)

Source: (1993) 4 SCC 327

Affidavit sworn before Notaries - can be presented before High Court

Swearing of affidavit to be filed in High Court in a writ petiton.

Affidavit sworn before Notaries can be presented in proceedings before High Court

Source: AIR 2006 ALL 26 (ALL = Allahabad)

Caste claim of student invalidated by Caste Scrutiny Committee - not entitled to protection

Writ Petition against invalidation of caste claim. Petitioner admitted to B.E. course subject to outcome of Writ Petition. Petition dismissed - Petitioner is not entitled to any protection. B. E. degree recalled

Source: (2006) 3 Maharashtra Law Journal 726

High Court writing a short and cryptic judgment

High Court writing a short and cryptic judgment. Appeal disposed of in most unsatisfactory manner exhibiting complete not application of mind. No consideration of evidence by parties. Such a judgment is liable to be set aside.

Source: AIR 2005 Supreme Court 4417

Omission To Grant Relief Asked For : Whether Amounts to Res-Judicata

In the eyes of law omission to grant relief asked for is tantamount to express the refusal of a prayer. So in respect of such refused prayer, law imputes Res judicata.

Source: AIR 1977 S.C. 1112

Welcome

Welcome to my Case Laws blog.

Here I will be sharing with you important and selected case laws of Supreme Court of India and of the High Courts which can be of help to you.

These are the case laws which I happened to study during my law practice. I have carefully chosen only those which are of considerable help to the legal community.

My attempt has been to keep posting important case laws for the benefit of all in general and legal community in particular.

I appeal to all of my readers to participate in this blog by posting the relevant case laws which they happen to know under the categories which I have made.