Saturday, 9 February 2019

Seniority--Principle of "continuous length of service" i.e. date of appointment should be applied for determining the inter se seniority of the officers of Delhi Higher Judicial Service.

Evidence Law--Confession--Extra Judicial Confession--Conviction made on basis of extra judicial confession--Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence--Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused

Acquittal--A judgment of acquittal passed should not be interfered with when two views are possible. Benefit of doubt--When trial Court finds so many infirmities in the prosecution version then trial Court left with no choice but to give benefit of doubt to accused--Acquittal by trial Court should not be interfered with unless it is totally perverse or wholly unsustainable.

Lok Adalat--No party can be punished for failure to reach a settlement before Lok Adalat. Adjournment--When a counsel who is ready in the pre-lunch session, seeks accommodation in the post lunch session on ground of a sudden illness or physical ailment, Court cannot refuse a short accommodation.

Jurisdiction--Territorial jurisdiction of a court with regard to criminal offence would be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed.