The Supreme Court reiterated that criminal proceedings are not for realization of disputed dues.
The Supreme Court reiterated that criminal proceedings are not for realization of disputed dues. A Criminal Court, exercising jurisdiction to…
CPC at a Glance – Civil Procedure Code Short Summary For Exam JMFC – AIBE – DJ
18 Stages of Civil Procedure Code 1908 are as Under Presentation of Suits. Service of Summons on Defendant Appurtenance of…
Latest Judgment 12-03-2021
*LATEST JUDGMENTS 12-03-2021* *COVID-19 – Supreme Court issues directions specifying commencement and ending of limitation period — 2021 (2) KHC…
Latest Judgment of supreme court 2021 in brief.
*LATEST JUDGMENTS 26-02-2021* *Private out-of-Court settlement – Court-fee to be refunded — 2021 (2) KHC 62 : 2021 KHC OnLine…
Order XII Rule 6 of the Code of Civil Procedure is not a matter of right but a matter of discretion of the Court to be exercised judiciously.
“ORDER XIIADMISSIONS Rule 6. Judgment on admissions (1) Where admissions of fact have been made either in the pleading or…
Collection of Latest Judgment 05-02-2021
*LATEST JUDGMENTS 05-02-2021* *Deletion or removal of any person from array of accused – Report submitted to Court must be…
Acquittal in Negotiable : Citation List in Favour of Accused
AIR 2019 Supreme Court Page 942 2012 (o) GLHEL HC 226658 (Share Market Related Judgement) – Share Transaction Laws (DLH)…
Does rebuttal conclusively Required in Negotiable Instrument Case ?
“Para 32 – The Standard of proof evidently is preponderance of probabilities. inference of preponderance of probabilities can be drawn…
Prosecution must prove the guilt of the accused beyond all reasonable doubts : SC
The Hon’ble Supreme Court in the case of Krishna Janardan bhat Vs. Dattatraya G. Hedge, 2008 4 SCC 54 Where…
Bhima Tima Dhotre vs The Pioneer Chemical Co. on 23 June, 1967 Equivalent citations: (1968) 70 BOMLR 683 Author: Vimadalal Bench: Vimadalal
Bhima Tima Dhotre vs The Pioneer Chemical Co. on 23 June, 1967 Equivalent citations: (1968) 70 BOMLR 683 Author: Vimadalal…
Cross Examination is one of the principles of Natural Justice
The right to cross-examine however is recognized subject to this limitation. The right of cross-examination not only is referable to…
Applicability of the Precedent – Notes with Judgements
(14-A) Defence raised the question to give benefit of latest judgments of Hon’ble High Court. Defence relied on following decisions…
Rajnesh Vs Neha – SC Maintenance Guidelines Judgement – Full – Download PDF
Rajnesh Vs Neha – SC Maintenance Guidelines Judgement – Full – Download PDF Gujarati Form Download Supreme Court Maintenance Download…
21 Supreme court Judgements of 2020
SUPREME COURT IMPORTANT JUDGEMENTS 2020 21 Important Judgments of 2020 1. Landlord-tenant disputes under Transfer of Property Act are arbitrable…
29-01-2021 Important Judgment
*LATEST JUDGEMENTS 29-01-2021* *No effective investigation – Acquittals happened to be passed at the end of ineffective trials – Held,…
29-01-2021 Important Judgment
*LATEST JUDGEMENTS 29-01-2021* *No effective investigation – Acquittals happened to be passed at the end of ineffective trials – Held,…
Objection in Court Commissioner report What to do ?
If any party raises objection on the Report, the Commissioner shall be examined : – The A.P. High Court observed…
Can Court Commissioner is to be called as a witness in court ?
Commissioner’s Report is part of record – Commissioner need not be examined as witness to prove it : – According…
Court Commissioner Can not be appointed to find out who is in possession.
Possession is a matter of proof of necessary oral and documentary evidence. The Court has to investigate and record finding…
Whether Court Commissioner can collect evidence ?
As per settled law Appointment of Advocate Commissioner – where there is an allegation of encroachment of land, an Advocate…
Whether Second Court Commissioner be appointed for Same purpose ?
The Report of the First Commissioner is on the record. The petitioner applied for another Commissioner on the ground that…
“Bandi Samuel Vs. Medida Nageshwara Rao 2017 (1) ALT 493 dated 04-11-2016” Evidentary Value of Court Commissioner
Report of Advocate-Commissioner forms part of the records. AdvocateCommissioner report is not binding on Court and in fact his report…
Supreme Court Judgement From 1950 to Till Date…
Supreme Court of India Database last updated: 28 January 2021 Most recent decision: 9 October 2020 Number of decisions: 38152…
Husband Can divorce his wife if she
Narendra Versus K. Meena Civil appeal No. 3253 of 2008 After the marriage, a Hindu Wife is expected to be…
Supreme Court Stay on Skin to Skin Case : Sexual assort – Bombay High Court
Decision will set a very dangerous precedent, says Attorney General K.K. Venugopal. The Supreme Court on Wednesday stayed the acquittal…
Groping minor without ‘skin to skin’ contact not sexual assault, rules Bombay HC
Groping minor without ‘skin to skin’ contact not sexual assault, rules Bombay HC The Bombay High Court has ruled that…
Appreciation of Evidence – Hostile Witness – Most Imp Judgements
Hostile Witness 10 Landmark Judgement
The evil of perjury has assumed alarming propositions in cases
Mahila Vinod Kumari v/s. MP: _ "The evil of perjury has assumed alarming propositions in cases depending on oral evidence…
Perjury has also become a way of life in the law courts.
Swaran Singh v/s. Punjab (A.I.R. 2000 S.C. 2017) _ “Perjury has also become a way of life in the law…
Section 340 : Inquiry – Hostile Witness Related Judgements
Section 340 inquiry _ Having said about the reluctance of Courts in using the routes of perjury, two prima facie…
Criminal Conspiracy Practice Aspects & Judgements
In the Offence of Criminal Conspiracy direct evidence is seldom available and mostly the case is based on circumstantial Evidence.…
Role of Public Prosecutor and his duty of disclosure:
Role of Public Prosecutor and his duty of disclosure: It was argued by Mr. Ram Jethmalani, learned senior counsel for…
Balancing Rights of The Accused in The Criminal Justice System
Balancing Rights of The Accused in The Criminal Justice System Dinesh Dalmiya vs. State, 2006 Cri.L.J. 2401. Dr. Purshottam Soni…
Balancing The Rights of Victims in The Criminal Justice Process
Balancing The Rights of Victims in The Criminal Justice Process Sakshi vs. Union of India, AIR 2004 S.C. 3566
section 311 Cr.PC the court has power to summon at any stage,
Under section 311, Cr.P.C.,the court has power to summon at any stage, any person as a witness, or examine any…
A private counsel engaged by complainant can act only under guidance of the public prosecutor
A private counsel engaged by complainant can act only under guidance of the public prosecutor : A private counsel engaged…
Only public prosecutor to conduct prosecution
Only public prosecutor to conduct prosecution : Where in a complaint case instituted by private complainant, offences are triable exclusively…
Private counsel not to lead evidence on behalf of prosecution
Private counsel not to lead evidence on behalf of prosecution : A privately engaged counsel may not have any liberty…
Role of a private counsel engaged in a criminal case is like a junior advocate conducting the case of his senior in court
Role of a private counsel engaged in a criminal case is like a junior advocate conducting the case of his…
an agreement made by his client to pay his lawyer according to the result of the case
In Kothi Jairam vs Vishwanath the Supreme Court has held that an agreement made by his client to pay his…
Whether Criminal court can impound insufficiently stamped document? – Issue Solved
Whether Criminal court can impound insufficiently stamped document? As discussed above, Section 33(2) proviso (a) and Section 35(d) of the…
Cross Examination is an acid test : SC
Cross Examination is an acid test of the truthfulness of the statement made by a witness by a witness in…
Declaration Suit Filed in 3 years , after 18 years of Compromise not barred
Apex court when noting that the suit for declaration thought was filed after 18 years of compromise, still not barred…
SC upholds the daughters right to property in Hindu Divided Family.
Vineeta Sharma V Rakesh Sharma The Supreme Court gave Hindu daughters their rightful due of their Father’s property by extending…
SC extends protection under anticipatory bail.
Sushila Aggarwal and others Vs. State (NCT of Delhi) and another The Court held that the protection granted to a…
TOP 5 Supreme Court Judgement of 2020
SC Says reservation is not a fundamental Right The SC , In Its wisdom, judged that no court could ask…
Whats App Msg has no Evidentiary Value : Punjab & Hariyana High Court
What’s App Message has no Evidentiary Value without Certificate of Section 65(B)4 of the Indian Evidence Act Says Punjab &…
Divorce deed prepared by Advocate has no legal force : Bombay High Court
Whether There can be divorce between husband and wife by divorce deed ? “Panch Fakat” Which was admittedly executed before…
Right to Pension of Retired Govt. Servant : SC
Right to Pension of Retired Government Servant Case Laws :- 1. Deoki Nandan Prasad Vs. State of Bihar & Ors.…
Statement Recorded Under Section 67 of the NDPS Act is not Confession : SC
A Statement Recorded under Section 67 of the NDPS Act, cannot be used as a confessional statement : SC In…
Court to Apply Correct Law without Waiting for an objection.
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities interest Act, 2002 – Alternate Remedy – It is the…
Guideline on Payment of Maintenance Section 125 by Supreme Court of India
Supreme Court of India Issues guidelines on payment of maintenance in matrimonial matters. Rajnesh Vs. Neha & Anr. Download PDF…
Public Prosecutor Not Heard, Bail Is Not Sustainable : SC
Public Prosecutor not heard, Without recording of satisfaction bail order not sustainable. Where bail is granted without hearing the public…
Fact of Amicable Settlement Can be a Relevant Factore : SC
Fact of Amicable Settlement Can be A Relevant Factor for Purpose of Reducing Quantum of Sentence. In This Case One…
Whenever information is sought under RTI , Disclosure of Interest is Necessary
The Delhi High Court has opined that whenever information is sought under the Right to Information Act , Disclosure of…
Case and Counter Case Should be Tried simultaneously one after another
Case and Counter Case should be Tried Simultaneously One after Another https://wp.me/pcGW20-gQ ICL 2021(1) Ker. 789 – In The High…
Right to Drinking Water is a Fundamental Right : Delhi High Court
https://wp.me/pcGW20-gH Providing Clean Drinking water to citizen is duty of state under Article 21 :- Delhi High Court Right to…
Quashing of FIR – Based on Sole Opinion of Hand Writing Expert – FIR not to be Registered.
Based on the Sole Opinion of Hand writing expert, FIR Ought not to have been registered – continuation of FIR…