Relief can only be on the basis of the pleadings alone. Evidence is also to be based on such pleadings. The only exception would be when the parties know each other’s case very well and such a pleading is implicit in an issue. Additionally, a court can take judicial note of a fact when it […]
Directions issued by Supreme Court to take appellant out of jail he is presently lodged in to be transferred to prison of State where marriage ceremony and post-marriage ceremonies of his daughter has to take place and further directed, that on all such days of appellant attending ceremonies, he shall be accompanied by police personnel
In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased were caused by hard and blunt weapon on left parietal bone but, held, there was no injury corresponding to weapons used by four accused. As
Penal Code, 1860 — Ss. 302/149 or Ss. 326/149 and Ss. 325/149, 324/149, 323/149 and 147 Read More »
Held, not mandatory as per S. 170 and thus anticipatory bail cannot be denied solely on the ground that as police were ready to file charge sheet, it was mandatory to arrest appellant-accused. Therefore, if the IO does not believe that the accused will abscond or disobey summons he/she need not be produced in custody.
In this case, accused was charged under special Act (MCOCA) and IPC. Upon failure to obtain bail as per law, accused challenged the Vires of the sections of the special Act under which he was charged and sought quashment of the proceedings before High Court under Art. 226 of the Constitution. By impugned order by
Principles summarised regarding when conviction of accused on sole testimony of victim/prosecutrix, with or without corroboration is warranted. Held, prosecutrix fully supported case of prosecution and was consistent right from very beginning. There is no reason to doubt credibility and /or trustworthiness of prosecutrix. Even after thorough cross examination, she stood by what she said and
Penal Code, 1860 — S. 376 — Rape Read More »
In this case petitioner wife was resident of Bengaluru and respondent husband, resident of Chennai. Petitioner wife filed two cases before the Family Court at Bengaluru i.e.: (1) petition under Guardians and Wards Act, 1890 for permanent custody of child, and (2) for restitution of conjugal rights. Respondent husband filed petition for divorce before Family
Party ineligible under S. 29-A IBC to submit a resolution plan under IBC is not eligible to file an application for compromise and arrangement in terms of Ss. 230 to 232 of the Companies Act, 2013. The validity of Regulation 2-B of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, imposing such
Insolvency and Bankruptcy Code, 2016 — Ss. 29-A and 35(1)(f): Read More »
Held, University directed to granted affiliation to the petitioner colleges for academic year 2020-21 and also permit the students of petitioner colleges to participate in the special examinations to be organized by Respondent 1 University for the academic Year 2020-21 in view of the notification dated 19-03-2021.Para 11 VIIT Pharmacy college and another v. Dr.
Held, The discretion of court in directing DNA test must be exercised after balancing the interests of the parties and whether a DNA test is needed for a just decision in the matter and such direction satisfies the test of “eminent need”. Court should examine the proportionality of the legitimate aims being pursued i.e. whether
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