Available civil remedy cannot be a ground to quash criminal proceedings. : Jharkhand High Court
A civil wrong is also a criminal offence, and the mere availability of a civil remedy for the complainant cannot be used to quash a criminal procee
Alternative remedy is not an absolute bar to a writ petition. : Jharkhand High Court
It is true that an alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative rem
It is duty of prosecution to prove case beyond all reasonable doubt in a criminal trial: High Court of Orissa
It is the legal duty of the prosecution to prove a criminal case beyond all reasonable doubt, meaning the jury must be convinced that there is no o
Any state action violating the principles of natural justice will be struck down: High Court of Jammu and Kashmir
The principles of natural justice are meant to ensure fairness in the activities of the state and shields individuals against arbitrary action. Sta
The simple fact that the vehicle was moving at a fast pace does not imply any negligence or rashness on its own: Tripura High Court
The mere declaration that the vehicle was driven at a high speed is not a reference to either negligence or rapidity. There are, of course, certain
To construct a fraudulent promise, the promise maker must have had no intention of keeping his word when he made it: Tripura High Court
Where it is wrong to agree to marry and where the manufacturer does not want to keep the promise itself, but rather to mislead the woman to get her
Sentence can be suspended by the Appellate court depending upon the facts and circumstances of each case: High court of Manipur
The sentence imposed under the ND&PS Act can be suspended, subject to conditions as per Section 37 of the ND&PS Act, and taking away the
One cannot claim a right to post, if he has usurped the post meant for a reserved candidate. : Jharkhand High Court
One cannot claim a right to the position because he usurped the position meant for a reserved candidate by committing fraud and producing a false c
All appointments to public office must be made in accordance with Article 14 and 16 of the Indian Constitution. Jharkhand High Court
It is too well established to need further reiteration that all appointments to public office must be made in accordance with Article 14 and 16 of
Prayer for suspension of sentence pending appeal should be considered liberally unless there is any statutory restriction: The High Court of Manipur
Where an appeal is preferred against conviction and the sentence imposed under Section 376 IPC in the High Court, the High Court has ample power an
