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IMPORTANT POINTS
(1) Standard prescribed for grant of bail is ‘reasonable ground to believe’ that person is not guilty of offence.
(2) Given seriousness of offences punishable under NDPS Act and in order to curb menace of drug-trafficking in country, stringent parameters for grant of bail under NDPS Act have been prescribed.
(3) Finding of absence of possession of contraband on person of respondent by High Court in impugned order does not absolve it of level of scrutiny required under Section 37(1)(b)(ii) of NDPS Act. ,22 Sep 2021
Supreme Court of India
IMPORTANT POINT
Appeal cannot be disposed of by Tribunal on superficial evaluation of issues raised in appeals. ,21 Sep 2021
Supreme Court of India
If old offences are pending against the petitioner and in case, the live link is not established between the initiation of externment proceedings and said pending old offences, in that case, the order of externment is liable to be interfered with.
,21 Sep 2021
Maharashtra High Court
Homicidal death of deceased - Witnesses turned hostile - three successive blows were given on the back side of the head of deceased, having knowledge that death was likely to be caused on the part of the appellant/accused cannot be ruled out.
,21 Sep 2021
Maharashtra High Court
Wilfully disobeyed the order of injunction – In view of the provisions of Section 22 of the Act of 1971, the provisions of the Act of 1971 are in addition to and not in derogation of the provisions of any other law relating to contempt of Courts. It was open for the respondent to have invoked the contempt jurisdiction of this Court
,21 Sep 2021
Maharashtra High Court
Rejection of Bail - False COVID positive report - Applicant’s presence is required through his custodial interrogation to trace out the links in the chain of the alleged conspiracy for making of the false COVID 19 report and recovery of devices used in making such a forged certificate.
,21 Sep 2021
Delhi High Court
IMPORTANT POINTS
(1) For deciding just and appropriate sentence to be awarded for an offence, aggravating and mitigating factors and circumstances of which crime has been committed are to be taken into consideration and to be delicately balanced on the basis of relevant circumstances in a dispassionate manner by Court.
(2) Giving punishment to wrongdoer is heart of criminal delivery system, but there is no legislative or judicially laid down guidelines to assess trial Court in meeting out just punishment to accused facing trial before it after he is held guilty of charges.
(3) Compromise cannot be taken to be a solitary basis until other aggravating and mitigating factors also support and are favourable to accused for moulding sentence which always has to be examined in facts and circumstances of case on hand. ,20 Sep 2021
Supreme Court of India
IMPORTANT POINT
In case trial is not concluded within stipulated time, accused will be entitled to move fresh application of bail. ,20 Sep 2021
Supreme Court of India
IMPORTANT POINT
Appointment – Procedure as prescribed under relevant extant rules has to be followed. ,20 Sep 2021
Supreme Court of India
in cases of claims to absorption or regularization of service, the appropriate authority to go into such issues will be the industrial tribunal/court as determination of such claims would require inquiry into disputed questions of facts which cannot conveniently be made by High Courts in exercise of jurisdiction under Article 226 of the Constitution of India.
,20 Sep 2021
Maharashtra High Court
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