Joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that cause of action

In State Bank of India V. Ranjan Chemicals Ltd. & Anr., (2007) 1 SCC 97, the Supreme Court considered the issue of consolidation of suits and observed that the question of joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that… Read More Joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that cause of action

Substantial compliance of first appeal under section 96 of CPC

In H. Siddiqui (dead) by LRs. v. A. Ramalingam, AIR 2011 SC 1492, the apex court held as under: “18. The said provisions provide guidelines for the appellate court as to how the court has to proceed and decide the case. The provisions should be read in such a way as to require that the various particulars mentioned therein… Read More Substantial compliance of first appeal under section 96 of CPC

Constructive Resjudicata under Explanation IV to Section 11 of CPC

In Forward Construction Co. & Ors. v. Prabhat Mandal, Andheri & Ors., AIR 1986 SC 391 the Supreme Court explained the scope of constructive res judicata as envisaged in Explanation IV to Section 11 of CPC and observed that the High Court was not right in holding that the earlier judgment would not operate as res judicata as… Read More Constructive Resjudicata under Explanation IV to Section 11 of CPC

Question of locus standi not having been raised before the High Court did not survive it amounted to an abandonment of the issue and cannot be raised before the Supreme Court

Constructive Res Judicata In Tata Industries Ltd. v. Grasim Industries Ltd. (2008) 10 SCC 187. The  case deals with jurisdiction to appoint the arbitrator u/s 11(6) of Arbitration and Conciliation Act, 1996.  Supreme Court rejected the argument raised before the High Court and held – Question of locus standi not having been raised before the High Court did… Read More Question of locus standi not having been raised before the High Court did not survive it amounted to an abandonment of the issue and cannot be raised before the Supreme Court

Service Address of the Respondents [India]

UNION OF INDIA Union of India, represented by Secretary to the Ministry of Electronics & Information Technology, Govt. of India Group Co-ordinator, Cyber Law Division, Department of Information Technology, Ministry of Electronics and Information Technology, Govt. of India. STATE GOVERNMENTS State of Kerala, represented by Secretary to the Department of Health and Family Welfare,Govt.of Kerala,… Read More Service Address of the Respondents [India]

Statutory provisions on reporting by media of the cases involving sexual offences

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 Chapter V- Procedure for reporting of cases Sec 23. Procedure for media- No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his… Read More Statutory provisions on reporting by media of the cases involving sexual offences

In Motor Vehicle Accident involving death no release of uninsured vehicle without obtaining security

Cr.P.C. S.457 : Where there is no insurance cover for a vehicle, the owner should be directed to offer security or deposit an amount, adequate to satisfy the award that may be ultimately passed, as a condition precedent for release of the seized vehicle involved in the accident. If such security or cash deposit is not… Read More In Motor Vehicle Accident involving death no release of uninsured vehicle without obtaining security

In case of post conviction bail under Section 389, Cr.P.C, it is mandatory that appellate Court gives an opportunity to public prosecutor for showing cause in writing against such release. 

Cr.P.C. S.389: Suspension of sentence and release on bail. Appellate Court may even without hearing public prosecutor, decline to grant bail. However, in case appellate Court is inclined to consider release of convict on bail, public prosecutor shall be granted opportunity to show cause in writing as to why appellant be not released on bail.… Read More In case of post conviction bail under Section 389, Cr.P.C, it is mandatory that appellate Court gives an opportunity to public prosecutor for showing cause in writing against such release. 

Just compensation to the victim has to be fixed having regard to medical and other expenses, pain and suffering, loss of earning and other relevant factors.

Cr.P.C. S.357 & 357A:  At times, evidence  is not available in this regard. Some guess work in such a situation is inevitable. While punishment to accused is one aspect, determination of just compensation to the victim is the other. Compensation under S.357, Cr.P.C. is payable by convict. Section 357A, Cr.P.C. has to be invoked to… Read More Just compensation to the victim has to be fixed having regard to medical and other expenses, pain and suffering, loss of earning and other relevant factors.

Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors[ALL SC 2014 SEPTEMBER]

KEYWORDS:- REVIEW PETITION – DEATH CONVICT- DATE:-2 September, 2014 A review petition filed by a convict whose death penalty is affirmed by this Court is required to be heard in open Court but cannot be decided by circulation. The right of a limited oral hearing in review petitions where death sentence is given, shall be… Read More Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors[ALL SC 2014 SEPTEMBER]

whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.

Cr.P.C. S.311: Lacuna Means inherent weakness or a latent wedge: After the defence and prosecution closed their evidence, the prosecution applied to resummon two of it’s already exmined witnessess, for proving it’s certain documents. Thus, a question arose, whether a trial court can permit a lacuna in prosecution evidence to be filled up? Upholding allowing the application,… Read More whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.