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Judgement

Selection of a person does not always govern fixation of his seniority

Selection of a person does not always govern fixation of his seniority

A selection to the post is only recognition and/or acceptance of possession of the prescribed qualification, age, merit and ability etc., of a person to join a post. It will not confer any seniority to a person at this stage Appointment to post and not selection is a determining

Second marriage cannot be a ground to disentitle parent of custody of child, though it is a factor to be considered while granting custodial rights

Second marriage cannot be a ground to disentitle parent of custody of child, though it is a factor to be considered while granting custodial rights

Law gives priority to parents where it comes to the custody of their children. However, another person (third person) can go to Court and ask for custody. This kind of request for custody is not always related to bad behaviour by the parents. Sometimes, the child's well-being requires

Ordinary leave cannot be granted to convict/detenu in absence of any complaint regarding unlawful detention of convict.

Ordinary leave cannot be granted to convict/detenu in absence of any complaint regarding unlawful detention of convict.

Relatives of convict filed writ of habeas corpus under Art. 226 of Constitution of India for grant of ordinary leave for one month to convict/detenu. Grant of emergency or ordinary leave, amounts to a suspension of sentence in the exercise of executive power of State. The power of the

Magistrate has ample jurisdiction to reopen proceedings for taking possession of secured assets and subsequent filing of report of Advocate Commissioner would not affect its legality

Magistrate has ample jurisdiction to reopen proceedings for taking possession of secured assets and subsequent filing of report of Advocate Commissioner would not affect its legality

Act of Magistrate in reopening proceedings for taking possession of secured assets and taking a report of Advocate Commissioner on record that was not placed before him earlier, is purely administrative and not judicial adjudication of inter se rights in respect of a subject matter of secured assets. Submission of

Stamp duty or registration fees cannot be levied for the conversion of 'Partnership Firm' into 'Limited Liability Partnership'

Stamp duty or registration fees cannot be levied for the conversion of 'Partnership Firm' into 'Limited Liability Partnership'

Upon conversion of a registered partnership firm to a Limited Liability Partnership under the provisions of the Limited Liability Partnership Act, all movable and immovable properties of erstwhile registered partnership firm, automatically vest in the converted Limited Liability Partnership. The transfer of assets of the firm to the Limited Liability

Merely filing preliminary charge-sheet without completing investigation would not defeat indefeasible statutory right of accused to claim for default bail

Merely filing preliminary charge-sheet without completing investigation would not defeat indefeasible statutory right of accused to claim for default bail

Generally, it is a practice that when Investigating Agency files charge-sheet then Courts usually presume that investigation is completed. However, it is to be noticed that at times, even when an investigation is not fully completed, the police are in habit of filing preliminary charge-sheet or an incomplete charge-sheet keeping

â€˜Confiscationâ€™ for offence of money laundering cannot be considered as punishment

â€˜Confiscationâ€™ for offence of money laundering cannot be considered as punishment

What is necessary to constitute the offence of money laundering is the existence of proceeds of crime and not the pendency of predicate offence. Therefore, the prosecution of the offender for his involvement in the process or activity connected with the proceeds obtained through the commission of a predicate offence