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Judgement

Recovery of tainted money cannot be sole ground to convict public servants under corruption charges

Recovery of tainted money cannot be sole ground to convict public servants under corruption charges

In this case the accused officer was working as Sanitary Inspector who as per the complainant demanded money and cell phone as bribe from complainant who was working as supervisor. Hands of accused were not tested immediately after payment and handing over of money and cell phone. The place of

Wife cannot seek declaration from Court that her husband is dead

Wife cannot seek declaration from Court that her husband is dead

It is not competent for the Court to entertain a suit filed by wife claiming declaration that her husband having not been heard for last 23 years, is dead. Section 34 of the Specific Relief Act does not sanction every form of declaration. It sanctions only a declaration that the

Rigours of Rr. 8, 9 of Security Interest Rules, 2002 are not applicable in auction sale of movable properties

Rigours of Rr. 8, 9 of Security Interest Rules, 2002 are not applicable in auction sale of movable properties

Plant and machinery fitted with nuts and bolts without intention to make it permanent attachment, cannot be treated as immovable property so as to attract rigours of Security Interest Rules of 2002, for conducting sale. Debtor after availing the loan, purchased the machinery and fixed it with nuts and bolts

Right to life prevails overs euthanasia plea of 81 years old Man

Right to life prevails overs euthanasia plea of 81 years old Man

Euthanasia means intentional premature termination of life of another person as per his request to end his sufferings. Article 21 of the Constitution does not includes right to die as part of fundamental right. While active euthansia is illegal unless there is legislation permitting it, passive euthanasia is legal even

Mother entering into new relationship without obtaining divorce not a ground to deprive mother of her special place in minor`s life

Mother entering into new relationship without obtaining divorce not a ground to deprive mother of her special place in minor`s life

Mother entering into a new relationship allegedly without obtaining divorce from her husband, may be something that the law and the society frown upon, but, in itself, is something not so depraved or immoral as to deprive the mother of her special place in minor`s life. Custody should be

Merely because medical report does not indicate presence of sperm, cannot exonerate accused from offence of rape

Merely because medical report does not indicate presence of sperm, cannot exonerate accused from offence of rape

Victim girl was found crying in bathroom after accused raped her and ran away. After the occurrence, the victim girl was taken to the different hospitals., as she was suffering from injuries to her internal organs, resulting in delay in giving complaint. No treatment was given at the earliest point

Appointing authority cannot be directed to consider candidates for appointment from expired ranked list

Appointing authority cannot be directed to consider candidates for appointment from expired ranked list

Mere inclusion of candidate’s name in rank list does not confer any right to be selected or vested right to appointment. If for reasonable and bonafide reasons such as financial situation or difficulties of appointing authority, such authority takes decision that vacancies in question need not be filled up,