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IMPORTANT POINTS
(1) ‘Motive’ is distinct from ‘object and means’ which innervates or provokes an action – Unlike ‘intention’, ‘motive’ is not the yardstick of a crime.
(2) Illegal use of a licensed or sanctioned weapon per se does not constitute an offence under Section 27, without proving misdemeanour under Section 5 or 7 of Arms Act.
(3) Sentencing policy keeps pace with changing time – Awarding of just and proportionate sentence remains solemn duty of Courts and they should not be swayed by non-relevant factors while deciding quantum of sentence.
(4) It must be candidly acknowledged that there is an element of discretion present while adjudicating the issue of sentence, however, the same cannot be exercised in an unprincipled manner. ,26 Nov 2021
Supreme Court of India
IMPORTANT POINTS
(1) Death sentence ought not to be imposed, save in rarest of rare cases when alternative option of a lesser punishment is unquestionably foreclosed – Possibility of reformation and rehabilitation of convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death.
(2) Review is not rehearing of appeal all over again and to maintain a review petition, it has to be shown that there has been a miscarriage of justice – An error which is not self-evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on face of record justifying Court to exercise its power of review. ,26 Nov 2021
Supreme Court of India
IMPORTANT POINTS
(1) Bailable warrants are to be issued as a last resort and only in a case where it is found that opponent parties are not cooperating at all and that they are avoiding appearance before National Commission deliberately and/or they are not represented at all either through their authorised representative or through their Counsel.
(2) Any attempt to impede or obstruct course of justice, cannot be lightly taken or be countenanced with. ,25 Nov 2021
Supreme Court of India
IMPORTANT POINTS
(1) Even version of a single witness, if his testimony is found reliable by Court, can be foundation of order of conviction.
(2) Order of acquittal cannot be recorded by Court by going against mass of evidence. ,24 Nov 2021
Supreme Court of India
IMPORTANT POINT
Section 5 of Limitation Act shall not be applicable to appeal against order of Recovery Officer as provided under Section 30 of RDDBFI Act, 1993. ,24 Nov 2021
Supreme Court of India
IMPORTANT POINTS
(1) Diploma through distance education cannot be equated with Diploma given through regular class room studies.
(2) Equivalence is a technical academic matter. It cannot be implied or assumed. Judicial review can neither expand ambit of prescribed qualifications nor decide equivalence of prescribed qualifications with any other given qualification. ,24 Nov 2021
Supreme Court of India
IMPORTANT POINTS
(1) Court cannot interfere with soundness and wisdom of a policy – A policy is subject to judicial review on limited grounds of compliance with fundamental rights and other provisions of Constitution.
(2) Classification per se is not discriminatory and violative of Article 14 – Article 14 only forbids class legislation and not reasonable classification.
(3) Loan Waiver Schemes – Purpose of providing a waiver of agricultural loans for farmers is to uplift distressed farmers--Law or scheme of Government cannot be tested on anvil of majoritarian morality but only on constitutional morality – Classification based on extent of landholding is not arbitrary. ,23 Nov 2021
Supreme Court of India
IMPORTANT POINTS
(1) Though there are certain inconsistencies between oral testimony of witnesses and medical evidence, Appellants cannot seek reversal of judgments of Courts below in view of overwhelming oral evidence on record.
(2) Apex Court does not normally re-appreciate evidence unless assessment of High Court is vitiated by an error of law or procedure or is based on error of record, misreading of evidence or is inconsistent with evidence – Apex Court does not enter into credibility of evidence with a view to substitute its own opinion for that of High Court.
,23 Nov 2021
Supreme Court of India
IMPORTANT POINT
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
,23 Nov 2021
Supreme Court of India
IMPORTANT POINTS
Abatement of land ceiling proceeding – Payment of compensation has nothing to do with taking over of possession – Payment of compensation under Urban Land (Ceiling and Regulation) Act, 1976 and taking over possession after notification issued under Section 10(3)/10(5) of Act, 1976, both are different and distinct.
,23 Nov 2021
Supreme Court of India
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