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IMPORTANT POINT
Extra-judicial confession by its very nature is a weak piece of evidence – It may be used as a corroborative piece of evidence in tandem with substantive evidence. ,16 Apr 2024
Supreme Court of India
IMPORTANT POINT
Murder – In a case involving gruesome broad daylight double murder by repeated gun firing, it is unlikely that any of persons from neighbourhood, would have courage to step forward as witnesses. ,16 Apr 2024
Supreme Court of India
IMPORTANT POINT
Termination – Decision to terminate service must be preceded by opportunity to show cause or any sort of disciplinary proceedings – Termination of services of appellant without holding disciplinary enquiry is totally unjustified in gross violation of principles of natural justice.
,16 Apr 2024
Supreme Court of India
IMPORTANT POINT
Appointment – Court cannot undo settled position after long lapse of time. ,16 Apr 2024
Supreme Court of India
IMPORTANT POINT
Removal from service – A person appointed after undergoing a regular selection process and possessing relevant qualifications, cannot be abruptly removed from service. ,15 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Writ Petition – High Court will ordinarily not entertain a petition under Article 226 of Constitution if an effective remedy is available to aggrieved person.
(2) Auction sale of secured asset – Statutory alternative remedy – In such matters, High Court should not entertain petition under Article 226 of Constitution particularly when an alternative statutory remedy is available. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Suspicion, however strong it may be, cannot take place of proof beyond reasonable doubt – Accused cannot be convicted on the ground of suspicion.
(2) Disclosure statement – It is only so much of information as relates distinctly to the fact thereby discovered would be admissible. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Curative jurisdiction – Curative jurisdiction should not be used to open floodgates and create a fourth or fifth stage of court intervention in an arbitral award.
(2) Appeal against arbitral award – No second appeal shall lie from an order passed under Section 37, but nothing in the section takes away constitutional right under Article 136. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Pleadings – A fact which is not specifically pleaded cannot be proved by evidence as evidence cannot travel beyond pleadings.
(2) Power of Attorney holder can only depose about facts within his personal knowledge and not about those facts which are not within his knowledge. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
Murder – Plea of exercise of right of private defence cannot be sustained in isolation. ,10 Apr 2024
Supreme Court of India
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