Supreme Court Judgement Archives - Page 16 of 21

Writ of Habeas Corpus cannot be invoked for the premature release of Convicted Prisoners

LexForti Legal News Network

April 23, 2020

HOME SECRETARY (PRISON) vs. H. NILOFER NISHA Cri. Appeal 144-148 OF 2020 Facts – The Governor of Tamil Nadu, exercising powers under Article 161 of the Constitution, got a government order…

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Supreme Court Judgement

Writ of Habeas Corpus cannot be invoked for the premature release of Convicted Prisoners

The examination-in-chief is to be permitted in the form of affidavit for recording of evidence

A right of appeal under the Code is statutory

Judge shall invariable ask the parties if they can resolve the dispute by themselves before the trial

Investigation in IPC Offences Cannot Be Quashed For Non Investigation of SC-ST Offences

When there is composite sentence of imprisonment and fine, appeal is not abated on death of accused

Even if not received an appointment letter, but worked in organisation, then also you are entitled for retirement benefits

It is on the Municipal Bodies, how to fill up the vacant posts either by direct recruitment or promotion

Even though not appointed for the post but works on the order of the court, the person will get all the benefits

Parent who is denied custody of the child shall have right to talk to him or her every day

Investigation made by a competent Police officer in accordance with the provisions of Law cannot be quashed

Charges can be altered even after reserving of the judgement

No bar on reservation for Persons with Disability (PWDs) in Promotions

While allowing the Amendment of Pleadings after the commencement of the trial, the Civil Judge shall record the reasons for allowing or disallowing

Long continuous possession by itself cannot be termed as adverse possession

Once the norms and standards are laid down by any executive authority he cannot go back from the standards established

To be enforceable by mandamus a public duty does not necessarily have to be one imposed by statute

Criminal justice should not be made a casualty for the wrongs committed by the investigating officers in the case

Neither the Central Information Commission nor the State Information Commission is empowered to appoint a committee for conducting an inquiry for and on its behalf

Court’s failing to use the power for advancement of justice can also lead to grave injustice

DNA Test Of Accused Should Not Be Ordered Without Appropriate Requirement

THE GRANT OF RELIEF IN A SUIT FOR SPECIFIC PERFORMANCE IS ITSELF A DISCRETIONARY REMEDY

Suffering 100% burn injuries will not make a person incapable of making Dying Declaration

Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim

Right to Property remains a Human Right in a welfare State and a Constitutional Right under Article. 300A of the Constitution: SC