Unless and until there are specific provision in
the respective rules there will not be
any deemed confirmation in the services
after probation period is over. An employee is confirmed in the services
only after receiving the confirmation order.
( D D Memorial Secondary school vs J A J Vasu Sena , Supreme Court on 21-8-19 )
Thursday, August 22, 2019
Friday, August 2, 2019
Power of Magistrate to order the accused to give voice sample
The Honourable Supreme Court in case of Ritesh Sinha vs State of
U.P. Criminal
Appeal No..2003/ 2012 decided on 02/08/19 held that “until explicit provisions are engrafted in
the Code of Criminal Procedure by Parliament, a Judicial Magistrate must be
conceded the power to order a person to give a sample of his voice for the
purpose of investigation of a crime. Such power has to be conferred on a
Magistrate by a process of judicial interpretation and in exercise of
jurisdiction vested in this Court under Article 142 of the Constitution of
India” S.C. while upholding the constitution bench decision in case of Kathi Kalu Aughar held that ordering the
accused to give his voice sample is not voilative of article 20(3) of the
Indian Constitution. Now the legal position is settled that till the law is
made by the parliament Judicial Magistrate has power to order accused to give
his voice sample.
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