Quashment of proceedings under sec 482 of the criminal Procedure Code 1973
The respondent filed an original suit stating that he was a tenant in the disputed shop and was wrongly being asked to vacate, declining to accept rent, seeking a permanent…
Art 226(2) of the Constitution of India- whether the orders/directions passed by the High Court against Union of India would have effect within territorial jurisdiction of the court or it will have pan India effect
Held that the High Court exercises its jurisdiction only over state(s) of which it is a High court. It has no jurisdiction for the rest of the country. (2020) 5…
Order 21 Rule 89 and sec 151- In the auction sale of property of guarantor in execution of decree, no opportunity given to the guarantor to repay entire decretal amount due before putting the said property to sale
The borrower paid first 25 installments out of 40 and thereafter failed to pay the remaining installments. The lender filed a petition under section 64(1-A) of the Chit Funds Act,…
Ss 45 and 46 of Evidence Act 1872- opinion of handwriting expert not sufficient if not corroborated by other evidence either direct or circumstantial evidence.
Principle reiterated and cases relied upon S Gopal Reddy v. State of A.P. (1996) 4 SCC 596; Magan Bihari lal v. state of Punjab (1977) 2 SCC 210; Ram Chandra…
Housewife’s role important, her services deserve appreciation: Bombay HC while ordering compensation for housewife’s death in motor accident
Rambhau_Gawai_Nagpur_bench_Judgement_FAhouse wife compensation in accident
Exercise of power under Art 142 of the Constitution of India for dissolution of marriage when the parties are living separately and litigating for more than 12 years. Could this factor be irretrievable breakdown of marriage?
Held that in a matter where the differences between the parties are not of such magnitude and is in the nature of usual wear and tear of marital life, the…
Criminal trial- Factors to be taken into account in adjudication of cases of circumstantial evidence
There is no direct evidence regarding the involvement of the appellant in the crime. The case of the prosecution is on the basis of circumstantial evidence. Factors to be taken…
Ss. 86, 302 and 304 of Penal Code, 1860- Act(s) committed in the state of drunkenness whether enough to prevent appellant from forming the requisite intention
On the fateful day, the quarrel ensued between the appellant’s mother and wife. The wife went in search of the appellant and found him heavily drunk with his friends. She…
Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579
It is stated that the appellants have been released on temporary bail, furlough and parole on several occasions and there is no report of their having misconducted themselves or indulged…
Section 300 in The Code Of Criminal Procedure, 1973-Double jeopardy
The appellant had created a forged general power of Attorney from the respondent in his name with regard to his lands and sold it. The respondent filed an FIR under…