Saturday, 12 January 2019

Criminal Complaint--Preliminary Inquiry under Section 202 Cr.P.C.--Although an accused has no right to participate unless the process is issued, he may remain present either in person or through a counsel or a agent with a view to be informed of what is going on. Cognizable Offence--Information to police--Even in a case where no action is taken by police, the informant's remedy lies under Section 190 and 200 of the Cr.P.C.

Appointment of Judge--Once the Government on being satisfied that a suitable candidate who was earlier appointed as an Additional Judge is suitable for appointment as a permanent Judge, the elaborate consultation has not been considered necessary--Chief Justice of High Court not required to consult collegium of High Court.

Contempt--When the court either suo motu or on a motion or a reference, decides to take action and initiate proceedings for contempt, it assumes jurisdiction to punish for contempt--The exercise of jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt and if the order is passed not discharging the rule issued in contempt proceedings, it would be an order or decision in exercise of its jurisdiction to punish for contempt--Against such order, appeal would be maintainable.

Dying declaration recorded by Magistrate have greater significance over dying declaration recorded by head constable.

Service Law—Teaching Experience—Study Leave—Period of study leave cannot be counted towards teaching experience

Service Law—Higher Qualification—Possession of higher qualification does not always mean that candidate has requisite prescribed lower qualification for the post Service Law—Qualification—It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications

Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act