Author name: admin

I am a law graduate from Lucknow University and I am practicing law since 2009. I have specialized knowledge about Armed Forces laws and regularly appear before Armed Forces Tribunal Regional Bench Lucknow and Principal Bench Delhi.

Disability Pension for the intervening period

The Hon’ble AFT Lucknow while deciding the issue has held that, in the absence of a specific medical opinion, the action of the department to stop disability pension for the intervening period is ill-founded and misconceived. Considering the aspect of the argument and Medical opinion record in RSMB the Tribunal has ordered the Army Authorities to grant the disability pension to the applicant for the intervening period.

Supreme Court Latest Judgment- Revisional Jurisdiction Under Section 401 Cr.P.C. 1973

On a plain reading of sub-section (3) of Section 401 Cr.P.C., it has to be held that sub-section (3) of Section 401 Cr.P.C. prohibits/bars the High Court to convert a finding of acquittal into one of conviction. Though and as observed herein above, the High Court has revisional power to examine whether there is manifest error of law or procedure etc., however, after giving its own findings on the findings recorded by the court acquitting the accused and after setting aside the order of acquittal, the High Court has to remit the matter to the trial Court and/or the first appellate Court, as the case may be. As observed by this Court in the case of K. Chinnaswamy Reddy (supra), if the order of acquittal has been passed by the trial Court, the High Court may remit the matter to the trial Court and even direct retrial. However, if the order of acquittal is passed by the first appellate court, in that case, the High Court has two options available, (i) to remit the matter to the first appellate Court to rehear the appeal; or (ii) in an appropriate case remit the matter to the trial Court for retrial and in such a situation the procedure as mentioned in paragraph 11 of the decision in K. Chinnaswamy Reddy (supra), referred to herein above, can be followed. Therefore, in the present case, the High Court has erred in quashing and setting aside the order of acquittal and reversing and/or converting a finding of acquittal into one of conviction and consequently convicted the accused, while exercising the powers under Section 401 Cr.P.C. The order of conviction by the High Court, while exercising the revisional jurisdiction under Section 401 Cr.P.C., is therefore unsustainable, beyond the scope and ambit of Section 401 Cr.P.C., more particularly sub-section (3) of Section 401 Cr.P.C. Issue no.1 is answered accordingly.


Supreme Court Explained – Essential Ingredients in Executing Gift Deed, – CA No. 364 of 2022 Decided on 24 January 2022

In a recent judgment, Supreme Court has explained the necessity of voluntariness and animus in executing the gift deed. As per the judgment, there are several circumstances and supporting facts that need to be relied on by the trial court and first appellate court and in the absence of these facts and circumstances the gift deed was held to be an invalid and spurious document.

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