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the exoneration in the departmental proceeding= It is well settled that the standard of proof in department proceeding is lower than that of criminal prosecution. It is equally well settled that the departmental proceeding or for that matter criminal cases have to be decided only on the basis of evidence adduced therein. Truthfulness of the evidence in the criminal case can be judged only after the evidence is adduced therein and the criminal case can not be rejected on the basis of the evidence in the departmental proceeding or the report of the Inquiry Officer based on those evidence.- the exoneration in the departmental proceeding ipso facto would not result into the quashing of the criminal prosecution. We hasten to add, however, that if the prosecution against an accused is solely based on a finding in a proceeding and that finding is set aside by the superior authority in the hierarchy, the very foundation goes and the prosecution may be quashed. But that principle will not apply in the case of the departmental proceeding as the criminal trial and the departmental proceeding are held by two different entities. Further they are not in the same hierarchy.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1334 OF 2012 (@ SLP(Crl.) No. 1383 of 2010) STATE OF N.C.T. OF DELHI … APPELLANT VERSUS AJAY KUMAR TYAGI …RESPONDENT J U D G M E N T CHANDRAMAULI KR. PRASAD, J. Ajay Kumar Tyagi, at the relevant time, was working as … Continue reading

question of granting anticipatory bail.= the appellant visited the police station on 23.03.2012, 20.07.2012, 24.07.2012 and 27.07.2012, it is brought to our notice that at the relevant period, viz., 07.04.2012, 01.05.2012 and 18.06.2012, he neither visited the police station nor contacted Mr. Narender Khatri, Inspector – Investigation, Punjabi Bagh Police Station. The last three dates are relevant since after getting the interim protection granted by this Court on 23.03.2012, the appellant did not care either to visit the police station or to the Investigation Officer concerned. The claim of his visit on later dates, particularly, in the month of July, 2012 have no relevance. Considering his conduct, not amenable for investigation and, moreover, declaring him as an absconder, there is no question of granting anticipatory bail.= We make it clear that while upholding the rejection of the anticipatory bail, we have not expressed any opinion on the merits of the case. We also clarify that after surrender, the appellant is free to move bail application before the Court concerned which may be disposed of in accordance with law. 16) With the above observation, the appeal is dismissed and the interim protection granted by this Court on 23.03.2012 stands vacated. The appellant is directed to surrender within a period of one week from today.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 2 CRIMINAL APPEAL NO. 1331 OF 2012 3 (Arising out of SLP (Crl.) No. 1961 of 2012 Lavesh …. Appellant(s) Versus State (NCT of Delhi) …. Respondent(s) J U D G M E N T P. Sathasivam, J. 1) Leave granted. 2) This appeal … Continue reading

The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid (hereinafter referred to as ‘the appellant’ or as ‘Kasab’), who is a Pakistani national, has earned for himself five death penalties and an equal number of life terms in prison for committing multiple crimes of a horrendous kind in this country. Some of the major charges against him were: conspiracy to wage war against the Government of India; collecting arms with the intention of waging war against the Government of India; waging and abetting the waging of war against the Government of India; commission of terrorist acts; criminal conspiracy to commit murder; criminal conspiracy, common intention and abetment to commit murder; committing murder of a number of persons; attempt to murder with common intention; criminal conspiracy and abetment; abduction for murder; robbery/dacoity with an attempt to cause death or grievous hurt; and causing explosions punishable under the Explosive Substance Act, 1908. He was found guilty of all these charges besides many others and was awarded the death sentence on five counts, life-sentence on five other counts, as well as a number of relatively lighter sentences of imprisonment for the other offences.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1899-1900 OF 2011 MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID … APPELLANT VERSUS STATE OF MAHARASHTRA … RESPONDENT WITH CRIMINAL APPEAL NO.1961 OF 2011 STATE OF MAHARASHTRA … APPELLANT VERSUS FAHIM HARSHAD MOHAMMAD YUSUF ANSARI & ANOTHER … RESPONDENTS AND TRANSFER PETITION … Continue reading

D.V.C.- after the marriage, the first respondent and the complainant lived together. There is no basis to say that the respondents 2 and 3 and the complainant lived together in a shared house as defined though no doubt the other ingredients are satisfied. On this ground, the complaint is not tenable and hence ultimately the proceedings are to be quashed so far as the respondents 2 and 3 are concerned. In the result, the petition is dismissed so far as the first respondent is concerned and is allowed so far as the other respondents are concerned

THE HON‘BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION No.4140 of 2010 2-8-2012 Nagamuthula Kondaiah State of A.P., rep. by P.P. & another. Counsel for the Petitioner: Sri P.SRIDHAR REDDY Counsel for the Respondent No.1: The Public Prosecutor < Gist: > Head Note: ? Cases referred: ORDER: 1. This petition is filed under Section 482 … Continue reading

We may only mention that learned counsel for Craig Mcleod submitted that the order dated 07.01.2011 is in violation of the order passed by this Court on 29.11.2010.Therefore, without going into the larger issues raised before us, we grant liberty to Craig Mcleod to revive W.P.(C) No. 890 of 2012 filed (and subsequently withdrawn) by him in the High Court challenging the office order dated 07.01.2011 passed by the Vice Chancellor of the University. We expect the High Court to permit revival of the Writ Petition and decide it expeditiously since it is stated that Craig Mcleod has already lost two years of his education as result of this litigation.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5889 OF 2012 (@ SPECIAL LEAVE TO APPEAL (CIVIL) NO. 32358 OF 2010) VICE CHANCELLOR, GURU GHASIDAS UNIVERSITY …..Appellant Versus CRAIG MCLEOD …..Respondent J U D G M E N T Madan B. Lokur, J. 1. Leave granted. 2. The Vice Chancellor, Guru … Continue reading

Article 39-A was inserted. This Article provides for free legal aid by suitable legislation or schemes or in any other manner, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Article 39-A of the Constitution reads as follows:- 39A. Equal justice and free legal aid. – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 140 OF 2008 RAJOO @ RAMAKANT …..Appellant Versus THE STATE OF MADHYA PRADESH …..Respondent J U D G M E N T Madan B. Lokur, J. After hearing arguments in this appeal, we had reserved judgment. While preparing the judgment, it was … Continue reading

illegal gratification= from the evidence of the witnesses that there was sufficient evidence of Syed Ahmed demanding illegal gratification from Nagaraja and receiving and accepting it when given by him. On this basis, we find no reason to interfere with the judgment and order under appeal. With regard to the sentence awarded to Syed Ahmed, the High Court has erred in awarding a sentence of only three months rigorous imprisonment. Section 13(2) of the Act prescribes a minimum sentence of one year imprisonment. However, the State has not appealed against the quantum of sentence. Moreover, the incident is of 1993, which is about 19 years ago. Keeping these factors in mind, we do not propose to interfere with the sentence awarded. The appeal is dismissed.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1323 OF 2007 Syed Ahmed …..Appellant Versus State of Karnataka …..Respondent J U D G M E N T Madan B. Lokur, J. The Appellant (Syed Ahmed) was acquitted by the Trial Court of offences under Sections 7 and 13(1)(d) read with Section … Continue reading

service matter – whether the appellant was suitable for appointment to the post of male constable, the appointing authority has mechanically held that his selection was irregular and illegal because the appellant had furnished an affidavit stating the facts incorrectly at the time of recruitment.- when consideration of such claim by the candidates who deliberately suppressed information at the time of recruitment; can there be different yardsticks applied in the matter of grant of relief.we have noted certain other decisions taking different view of coordinate Benches, we feel it appropriate to refer the above mentioned issues to a larger Bench of this Court for an authoritative pronouncement so that there will be no conflict of views and which will enable the Courts to apply the law uniformily while dealing with such issues. 34. With that view, we feel it appropriate to refer this matter to be considered by a larger Bench of this Court. Registry is directed to place all the relevant documents before the Hon’ble the Chief Justice for constitution of a larger Bench.

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5671/2012 (@ SLP (C) No. 28608/2011) Jainendra Singh ….Appellant VERSUS State of U.P. Tr.Prinl.Sec. Home .…Respondent & Ors. O R D E R Fakkir Mohamed Ibrahim Kalifulla,J. 1. Leave granted. At the very threshold, we are confronted with a question as to … Continue reading

The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved. 18 U. S. C. §§704 (b), (c).Respondent pleaded guilty to a charge of falsely claiming that he had received the Medal of Honor, but reserved his right to appeal his claim that the Act is unconstitutional. The Ninth Circuit reversed, finding the Act invalid under the First Amendment. Held: The judgment is affirmed.

1 (Slip Opinion) OCTOBER TERM, 2011 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has beenprepared by the Reporter of Decisions for the convenience of … Continue reading

whereby the Division Bench of that Court quashed the licence issued to them by respondent no. 2 – Zila Panchayat, Muzaffarnagar – for holding private cattle market in Village Gujjarpur Taparana at Khasra No. 2478 on Tuesdays for the period October 23, 2007 till March 31, 2008 and any subsequent order for the above purpose and directed the Zila Panchayat, Muzaffarnagar to hear the present respondent nos. 3 and 4 and the present appellants and decide the matter afresh.

Page 1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO . 2843 OF 2008 Nafis Ahmad and Anr. …… Appellants Vs. State of U.P. & Ors. …… Respondents JUDGMENT R.M . LODHA, J . The appellants are in appeal, by special leave, against the judgment and order dated December 12, … Continue reading

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