Code of Criminal Procedure, 1973 – Section 439 – Principles governing grant of bail – Grounds for cancellation of bail – Explained – For grant or denial of bail, the “nature of crime” has a huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined. AIR 2022 SC 2514 : JT 2022 (5) SC 451
Prevention of Anti Social Activities Act, 1985 (Gujarat) – Sections 2(bb) & 3(2) – Gambling – “Common Gaming House Keeper” – Simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order and the authority cannot have recourse under the Act and no other relevant and cogent material exists for invoking power under section 3(2) of the Act. 2022 Cri.L.J. 2399
Penal Code, 1860 – Sections 302, 324, 149, 24 – Evidence Act, 1872 – Section 3 – Rustic Witnesses – Witnesses are rustic villagers, uneducated, men of low profile, doing agricultural work – Such witnesses cannot be expected to possess the photographic memory and recall details of the incident mathematically. [Para 27] 2022 Cri.L.J. 2363
Juvenile Justice (Care and Protection of Children) Act, 2006 – Rejection of Bail – Revision – Maintainability. 2022 Cri.L.J. 2358
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