Thursday, August 22, 2019

NO DEEMED CONFIRMATION IN THE SERVICES IN ABSENCE OF SPECIFIC RULES

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 )

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.

Procedure of attachment, forfeiture and restoration of property derived from proceed of crime- A critical analysis

  Bhartiya Nagrik Suraksha Sanhita 2023 ( BNSS) introduced new section 107 in Sanhita which was earlier not there in Cr.P.C.1974. The purpos...