Evidence Law – Child Witness – Evidence of a child witness can be recorded if the concerned Judge is of the opinion that the witness is capable enough to understand the question and give answers based on such understanding. It is for the Judge to arrive at such a satisfaction.
Service Law – Pension – Writ petitioner’s service of more than three decade as a teacher cannot be disregarded, especially after the State itself must be held accountable for lax attitude in enforcing standards of employees in educational institutions.
Education – Common Entrance Test – Merely because certain seats have remained vacant with the Institutes does not justify allowing them to admit students by adhering to only minimum eligibility criteria. Introduction of the common entrance test is certainly intended to introduce additional, further and higher standards of education. Primary reason of the seats remaining vacant in the Institutes is mushrooming growth of private institutions and because degrees or diplomas they award are going out of favour with the students as they are no longer considered promising or attractive for future career prospects and also because of the fact that some of these institutions enjoy bad reputation due to lack of infrastructure, bad faculty and indifferent teachings.
Code of Criminal Procedure, 1973 – Ss. 362 & 482 – High Court is vested with the power to modify any condition imposed by a Magistrate while passing an order of bail.
Code of Civil Procedure, 1908 – Order 7 Rule 11 – Defendants cannot be permitted to take two contradictory stands before two different authorities/courts. AIR 2022 SC 1560 : JT 2022 (3) SC 372
Service Law – Doctrine of Equality in Disciplinary Proceedings – The Doctrine of Equality ought not to have been applied when the Enquiry Officer and the Disciplinary Authority held the charges proved against the delinquent officer. AIR 2022 SC 1551 : JT 2022 (3) SC 382
Specific Relief Act, 1963 – Sections 16 and 20 – Agreement to Sell – Readiness and Willingness – Merely because in the document the purpose of sale of the property was stated to be for the marriage expenses, the document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document. AIR 2022 SC 1555 : JT 2022 (3) SC 387
Constitution of India – Article 226 – Since the construction of road is an infrastructure project and keeping in view the intent of the legislature that infrastructure projects should not be stayed, the High Court would have been well advised to hold its hand to stay the construction of the infrastructure project. Such provision should be kept in view even by the Writ Court while exercising its jurisdiction. AIR 2022 SC 1531 : JT 2022 (3) SC 392
Medical Law – Post Graduate Medical Education – Admission – Reservation for in-service candidate – Competence of State Legislature. AIR 2022 SC 1543 : JT 2022 (3) SC 250
Land Acquisition Act, 1894 – Acquisition of land for use by Defence Security Forces – Determination of Market Value. AIR 2022 SC 1370 : JT 2022 (3) SC 127