The Hon’ble Supreme Court has held that in a Departmental enquiry, the Decision/order by disciplinary authority, is required to give reasons only when it disagrees with finding of the enquiry officer and not when it concurs with that finding. Also, held that the mere quoting of what transpired would not amount to the giving of any reasons.
The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to forum shopping or double jeopardy. The offence under section 420 IPC is made during the issuance of... Read more » Read more »
In Devu G. Nair v. State of Kerala, 2024 INSC 228, the Hon’ble Supreme Court, while hearing a criminal appeal against interim orders of the Kerala High Court in a writ of habeas corpus, laid down important guidelines to safeguard the fundamental rights and dignity of intimate partners and LGBTQ+ persons facing illegal detention. The... Read more » Read more »
Mere existence of a question of fact has long been considered an obstacle to Court’s jurisdiction under Article 226 of the Constitution—a stance reinforced through numerous precedents pronounced by the Apex Court and consistently upheld by the High Courts. This reflects a deep-rooted judicial hesitancy to delve into factual questions... Read more »
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