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 being convinced about the quality of statements and its reliability, base conviction by accepting the statement of child witness. The evidence of the child witness […]
S. 118 – Child witness Read More »
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 with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The
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, has not been followed before arresting the petitioner. Same taken as a factor for directing the release of the petitioner, a stand-up comedian, on ad
Criminal Procedure Code, 1973 — S. 439 r/w S. 41 — Interim bail Read More »
It was held that even if all the allegations in the complaint taken at the face value are true, the basic essential ingredients of cheating are missing, as it could not be said that averments in FIR and allegations in the complaint against appellant constituted offenses thereunder, therefore, this case was fit for High Court
The court held that “whereas at the commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a
Settlement of disputes only through any of the mode prescribed under Section 89 CPC is not sine qua non of sec 89 CPC rather it prescribes few methods through which settlement can be reached; sine qua non for the applicability of section 89 is settlement between the parties outside the court without the intervention of
Intimacies of marriage lie within a core zone of privacy, which is inviolable and even matters of faith would have the least effect on them. The autonomy of an individual inter alia in relation to family and marriage is integral to the dignity of the individual. Para 12 The way forward to the Police authorities
Constitution of India —Right to marry person of one’s choice is integral to Art. 21 Read More »
Principles summarised regarding object and scope of S. 311 and power and duties of court while exercising discretion under S. 311 CrPC. “The aim of every court is to discover the truth. Section 311CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by
Reference in this behalf was made to the judgments of this court in Bhagwan Dayal v. Reoti Devi (AIR 1962 SC 287). In this case, this court held that the general principle is that a Hindu Family is presumed to be joint unless the contrary is proved. It was further held that where one of
When the police is a violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have an effective deterrent effect and instil confidence in the society. Thus, Permission for compounding of such offences involving police brutality/atrocities cannot be granted by
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