A. Contempt of Court—Wilful Disobedience—For a contempt petition to succeed, it must be shown that there was wilful and deliberate disobedience of a court order—If the original order is ambiguous or does not specifically address a matter, the proper recourse is to seek clarification from the issuing court rather than initiate contempt proceedings. [Para 10] B. Contempt of Court—Consequential Benefits vs. Back Wages—An order granting promotion with “all consequential benefits” does not automatically include back wages unless explicitly mentioned—The principle of “no work, no pay” applies, and back wages are not considered implicit in the phrase “consequential benefits.” [Paras 11, 13] C. Service Law—Retrospective Promotion and Entitlement—Even where a...

A. Criminal Procedure Code, 1973—Section 319—Power to Proceed Against Additional Accused—A court may summon a person not already facing trial to be tried together with the existing accused if evidence recorded during the trial indicates their involvement in the commission of the offence—The power under Section 319 can be exercised only on the basis of evidence adduced before the trial court, and not merely on the basis of materials such as the charge sheet, case diary, or statements collected during investigation, which do not constitute evidence. [Para 6(19.2)] B. Criminal Procedure Code, 1973—Section 319—Scope of Application—The exercise of power under Section 319 is not dependent upon whether the person sought to be summoned was named in the FIR or charge-sheeted by the police—Any pers...

A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 50—Compliance Regarding Personal Search—No questions regarding violation of Section 50 were raised at trial or in appeal; objection rejected—Section 50 applies only to personal searches, not to vehicles; contraband recovered from truck body, not personal search. [Paras 21–23] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52-A—Procedure and Evidence—Significant procedural lapses noted: undated disposal applications, unexhibited photographs, faulty sampling from only one sack, absence of Rojnamcha Sanha—Non-compliance casts doubt on fairness of investigation and Magistrate’s role. [Paras 38–40] C. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52-A—Supreme Court P...

A. Constitution of India, 1950—Article 227—Supervisory Jurisdiction—High Court may interfere with tribunal orders that are illegal, arbitrary, or contrary to law, particularly when relevant facts or applicable rules are ignored. [Para 2] B. Employment Law—Recruitment Process—Candidates scoring below the last selected candidate, even if on reserve/waiting lists, are not entitled to appointment once all notified posts are filled based on merit. [Paras 2,3,12,15,17] C. Limitation Act, 1963—Condonation of Delay—Tribunal must first decide limitation issues; filing representations does not extend or revive the original cause of action. [Para 4] D. Administrative Law—Judicial Precedent—Binding judgments apply only if directly on point; personal or distinguishable rulings are inapplic...

A. Regularization/Appointment of Daily Wage Employees—Employees with over 20 years’ continuous service considered for regularization in line with Supreme Court judgments. [Para 5] B. Recruitment Process—Cancellation of Appointments—Successful candidates issued appointment orders later cancelled without reasons; action found unlawful. [Paras 6–7] C. Judicial Directions—Merit List and Re-appointment—Earlier court orders directing state-wise merit lists and re-appointments upheld by higher courts, including Supreme Court. [Para 8] D. Seniority and Backwages—Retrospective seniority granted from date of junior appointments; denial of backwages led to litigation. [Paras 9–11] E. Right to Reappointment and Benefits—Faulty merit lists denied eligible candidates; retrospective...

A. Penal Code, 1860—Section 302 (Murder)—Conviction Based on Dying Declaration—Trial Court’s conviction and sentence upheld—Dying declaration found reliable, voluntary, and corroborated by FIR—Witness statements consistently identified appellant; motive linked to monetary dispute. [Para 33] B. Evidence Act, 1872—Dying Declaration—Admissibility and Reliability—A dying declaration can solely support conviction if court is satisfied declarant was of sound mind and statement was voluntary—Minor discrepancies do not affect credibility. [Para 30] C. Criminal Procedure Code, 1973—Sections 311 & 233(3)—Re-examination of Witnesses—A witness once examined and discharged cannot be re-examined as defence witness; such statements are treated as concocted and an aft...

A. Mines and Minerals (Development and Regulation) Act, 1957—Section 8-A(6)—Deemed Extension of Lease—Mining leases granted before the 2015 amendment are deemed extended up to 50 years from the grant date or until 31.03.2020, whichever is later, subject to fulfillment of lease conditions. [Para 2] B. Mines and Minerals (Development and Regulation) Act, 1957—Section 8-A—Amendment Act, 2015—Abolition of Renewal—The 2015 amendment replaced renewal with a fixed maximum lease period; Section 8-A(6) ensures pre-amendment leases receive extension up to the statutory limit. [Para 4] C. Mines and Minerals (Development and Regulation) Act, 1957—Section 8-A—Non-Operational Period—Non-operational periods cannot be added to extend a lease beyond 50 years or the deemed extension date und...

A. Conviction—House Trespass and Rape of Minor—The appellant was convicted under Section 450 IPC for entering a house with intent to commit an offense punishable with death, and under Section 376 IPC read with Sections 3/4 of the POCSO Act for raping a minor—Sentences imposed were rigorous imprisonment for 5 years and fine for the first offense, and life imprisonment with fine for the second. B. Rape—Ingredients and Legal Threshold—The High Court held that complete penetration is not necessary to establish rape; partial penetration or attempt suffices—The absence of genital injury or seminal stains does not negate the offense. C. Corroboration of Victim’s Testimony—The victim’s testimony was supported by witnesses who found her bleeding and clothes stained with blood, as well as ...

A. Bail—Default Bail—Section 480(6) of B.N.S.S. 2023—Right to Bail if Trial Not Concluded Within 60 Days—An accused facing a non-bailable offence is entitled to apply for default bail under Section 480(6) of B.N.S.S. 2023 if the trial is not concluded within sixty days from the first date fixed for recording evidence, unless the court records valid reasons for denial. [Paras 14, 18] B. Bail—Default Bail—Section 480(6) of B.N.S.S. 2023—Proper Interpretation of Application—Even when the application does not expressly plead all grounds, if it is filed under Section 480(6) and references prior High Court orders, the court must correctly interpret it and grant default bail if statutory conditions are satisfied. [Para 17] ...

A. Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—The High Court, while exercising appellate jurisdiction, will not interfere with a conviction where the trial court’s judgment is found to be well-reasoned and free from illegality, perversity, or material irregularity—An appeal devoid of merit is liable to be dismissed. B. Evidence Act, 1872—Dying Declaration—A dying declaration, if found voluntary, truthful, and made by the declarant in a fit state of mind, can form the sole basis for conviction without requiring further corroboration. C. Evidence Act, 1872—Evidentiary Value—Minor contradictions in the testimony of other witnesses do not invalidate a reliable dying declaration, particularly when it is supported by medical evidence and official records. ...