Criminal Procedure Code, 1973 — S. 439 r/w S. 41 — Interim bail
Held that the allegations made in the FIR are vague that the procedure contained in S. 41 CrPC as adumbrated by the judgment in Arnesh Kumar v. State of Bihar,…
S. 13(1)(i-a) — Factors to be considered for Grant of divorce on ground of “Mental cruelty”
For considering dissolution of marriage at instance of a spouse who alleges mental cruelty, the result of such mental cruelty must be such that it is not possible to continue…
S. 118 – Child witness
The evidence of child witness cannot be rejected per se, but the court, as a rule of prudence, is required to consider such evidence with close scrutiny and only on…
Nature of liability under sec 34 of Indian Penal Code 1860
Does it create substantive offence-Section 34 has been enacted on the principle of joint liability in the doing of a criminal act – Held that Section 34 is not a substantive…
Ss. 106 and 107-whether the rent deed can be treated to be a lease of immovable property (i) from year to year (ii) for any term exceeding one year (iii) or reserving a yearly rent?
As per sec 17(1)(d), leases of immovable property from year to year or for any term exceeding one year, or reserving a yearly rent requires compulsory registration. Held, the rent…
Computation of compensation in fatal accident under sec 166,168 and 173 of Motor Vehicles Act,1988
The Tribunal by recording a finding that the deceased was in the age group of 40 to 50 years, applied the multiplier of 13 and future prospects at 30% as…
Principle of Doctrine of election / Law of Estoppel under section 115 of Evidence Act,1872 reiterated
The plaintiff received some property under the will. He filed a suit for eviction of an occupant in which he claimed that the property had been bequeathed to him. At…
Valid grounds for entitlement to bail under section 439 of Criminal Procedure Code 1973
The appellant got a contract for the supply of radar stations when after eight years it was alleged that there were fraud and cheating and the appellant was booked under…
Meaning of “Dismissal”, “Discharge”, “removal from service” “Fiduciary”, “Fiduciary Relationship”Information “held”“Judicial Accountability”,“Judicial Independence”
Meaning of “Dismissal”, “Discharge”, “removal from service” (2020)5 SCC 474-B- Bharat Petroleum Corporation Limited and others v. Anil Padegaonkar “Fiduciary”, “Fiduciary Relationship”– (2020) 5 SCC 481-E- Central Public Information Officer,…
Does delay in sending report under section 157 and 154 of the Code of Criminal Procedure 1973 to Magistrate, vitiate prosecution case
In the instant case there was a delay in compliance with section 157 of the Code, as the fir was received in the office of the Chief judicial magistrate with…