Code of Criminal Procedure, 1973 – S. 439 – Where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail. Appellate Court is thus required to consider whether the order granting bail suffers from a non-application of mind or a prima facie view from the evidence available on record.
M.R. Shah; J.
Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law.
Date of Birth – Law on change of date of birth – (i) application for change of date of birth can only be as per the relevant provisions / regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and / or when the employee is about to retire on attaining the age of superannuation.
Judgment – Importance of Judgment – Purpose of Judgment – What should be contained in the judgment – Explained. AIR 2021 SC 4384 : JT 2021 (9) SC 132
Code of Criminal Procedure, 1973 – S. 482 – Quashing of Criminal Proceedings – If the petition under Section 482 Cr.P.C. was at the stage of FIR in that case the allegations in the FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered. However, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the Court is required to consider the material/evidence collected during the investigation. Even at this stage also, the High Court is not required to go into the merits of the allegations and/or enter into the merits of the case as if the High Court is exercising the appellate jurisdiction and/or conducting the trial. Read More »Kaptan Singh v. State of Uttar Pradesh