Sec 376(1) and 450 of Indian Penal Code – “sterling witness” principles reiterated para 5.4.2
In Rai Sandeep v. State (2012) 8 SCC 21 , the court had an occasion to consider who can be said to be a “sterling witness”. In para 22, it…
What is confession and when is admissible under section 24 to 30 of Evidence Act, 1872 and interplay between sec 30 and section 15 of the TADA Act
Suku, the absconding accused had formed an organization at Trichy under the name “Tamilar Pasarai” with the object of achieving separate statehood for Tamil Nadu and to blast Central and…
Criminal proceedings for giving false evidence in court under section 340 read with sec 195(1)(b) of CrPC
The Supreme court granted relief of clubbing together the two suits pending before the trial court. The respondent in his application stated certain facts that were not accurate. The explanation…
Compensation under sections 166, 168 of Motor Vehicles Act 1988- issues involved Contributory negligence of the victim, computation of Income and multiplier
The Motor Accident Claims Tribunal arrived at the sum of Rs 11,66,800 as total compensation payable after deducting 10% of the compensation on account of contributory negligence in as much…
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…
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…