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 […]
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 […]
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 […]
where the matter has not been decided on merit earlier, the doctrine of res judicata is not applicable.
State of Uttar Pradesh & Anr. v. Jagdish Sharan Agrawal & Ors., (2009) 1 SCC 689
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 […]
GENERAL In Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54, The Supreme Court laid down 3 exceptions to the rule of Res Judicata (i) When judgment is passed without jurisdiction […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]