Adverse Entry Against Govt Servant In Confidential Report Can't Be Acted Upon Without Furnishing It To Him To Enable Effective Representation: Tripura HC

The Tripura High Court has recently observed that an adverse entry against a government servant in a confidential report cannot be acted upon to his prejudice unless the adverse entry is furnished to him at the earliest possible opportunity, to enable effective representation. The observation came from Justice T Amarnath Goud: "It is a trite law that a downgrading and/or adverse...

Mere Presence Of Husband In House With Wife In A 'Hanging Position' Not Sufficient To Presume His Guilt: Tripura High Court

The Tripura High Court recently while dealing with an appeal relating to offences under Section 498A /302/109 of the IPC observed that merely because the husband was present along with the child in the hut with the deceased wife in a hanging position cannot mean that the husband killed the wife. The observation came from a division bench of Justices Amarnath Goud and...

Mofussil Pleadings Are To Be Considered As A Whole, Liberally & Must Be Construed Reasonably: Tripura High Court

The Tripura High Court recently observed that mofussil pleadings, i.e. poorly drafted pleadings, should be considered as a whole, liberally and must be construed reasonably.The observation came from a division bench of Justices Arindam Lodh and SG Chattopadhyay in a property dispute.The plaintiff-appellant submitted that defendants/respondents have admitted in their earlier suit...

Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura

The High Court of Tripura has recently while dealing with criminal appeal under Section-374 of the Code of Criminal Procedure observed that circumstances not put to an accused under Section-313 Cr. P.C. cannot be used against him. The observation came from Justice T. Amarnath Goud, "It stands well settled that circumstances not put to an accused under Section-313 Cr.P.C. cannot...

In Event Of Doubt Over Correctness Of Answer Key, Benefit Must Be Given To Exam Authority & Not Candidate: Tripura High Court

The Tripura High Court recently allowed an appeal filed by the Controller of Examinations and observed that in the event of doubt over correctness of answer key, the benefit should go to the examination authority rather than to the candidate. The observation was made by a division bench of Chief Justice Indrajit Mahanty and Justice SG Chattopadhya: "In the instant case, none of...

Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court

The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It thus set aside the conviction of a husband under Section 306 IPC, among other charges, following death of his wife due to burn injuries. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt. The observation was given by a division bench...

"Happened In A Spur Of The Moment, No Intention To Kill": Tripura High Court Reduces Sentence For Attempt To Murder

The Tripura High Court recently reduced the sentence of a person convicted for the offence of attempt to murder punishable under Section 307 IPC on the ground that the incident happened in the spur of the moment and that the convict had no intention to kill the victim. The judgment was passed by a division bench of Justice Amarnath Goud and Justice Arindam Lodh: "Having considered...

Tripura SC/ST Reservation Rules | Enquiry For Verifying Caste Certificate Not Absolutely Barred In View Of Favourable Report By SDM: High Court

The Tripura High Court recently dismissed the plea of a person claiming to belong to scheduled caste, seeking quashing the summons issued by Member-Secretary, State Level Scrutiny Committee (SLSC) calling upon the petitioner to appear before the Committee for verification. The decision came from Justice T. Amarnath Goud who held that merely because the Petitioner had a favourable...

Facts Revealed By Accused In Custody About Discovery, Not Acceptance Of Guilt, Can Be Treated As Legal Evidence U/S 27 Evidence Act: Tripura High Court

The Tripura High Court recently acquitted a man convicted for charges of murder under section 302 IPC, while observing that there wasn't sufficient evidence on record to prove his guilt and that mere statement of the co accused isn't enough to convict him. The bench of Justice Amarnath Goud and Justice Arindam Lodh also reiterated that only that much of the statement made by an accused...

Persons Appointed On "Co-Terminus Basis" Can't Assert Right To Regularization Of Services: Tripura High Court

The Tripura High Court recently observed that if a person has been employed on co-terminus basis, and it is only an engagement order and it has not been given any legitimate rights for regularization then no right ensues on such person for regularization of their services. The observation was laid by Justice T. Amarnath Goud: "In view of above arguments and also on perusal of...

Contractual Employee Has Not "Legitimate Expectation" To Continue Service Beyond Contractual Tenure: Tripura High Court

The Tripura High Court recently observed that a person engaged in contractual service cannot be said to have a "legitimate expectation" regarding extension of services beyond the contractual tenure or to continue in service despite expiry of contract period.The observation came from Justice T. Amarnath Goud: "In so far as the continuity of service beyond 30.06.2020 is concern, it is...

Can't Use Article 226 As An "Arm Twisting Technique" To Settle Private Civil Disputes Without Exhausting Statutory Remedies: Tripura High Court

The Tripura High Court recently rejected a writ petition filed by a person without exhausting alternative remedies, and observed that they can't use Article 226 writ jurisdiction to arm twist the respondents. The observation came from Justice Amarnath Goud: "When the petitioner can always agitate his legal rights and seek appropriate relief before the Civil Court, adopting this...