Supreme Court in the case of Dnyandeo Sabaji Naik and Anr. v. Mrs. Pradnya Prakash Khadekar and Ors [SLP (C) Nos. 25331-33 of 2015], a three Judge Bench observed that the Supreme Court must […]
Supreme Court in the case of T.A. Kathiru Kunju v. Jacob Mathai & Anr. [Civil Appeal No.3860 of 2007] wherein the respondent had lodged a complaint before the Bar Council that he […]
Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant
Supreme Court in the case of State of Karnataka v. Selvi J. Jayalalitha & Ors. [Criminal Appeal Nos.300 – 303 of 2017], wherein charges were framed against A1 – former Chief Minister […]
A trial Judge has immense responsibility to record the evidence in the prescribed manner in Section 309 of the CrPC
In the case of Ajay Singh and Anr. and Etc. v. State of Chattisgarh and Anr. [Criminal Appeal Nos. 32-33 of 2017], it was observed that “a trial Judge should remember that he has […]
Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere
Supreme Court in the case of Allahabad Bank & Ors. v. Krishna Narayan Tewari [Civil Appeal No.7600 of 2014], it was held that the though “it is true that a writ court is very […]
The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature
SUPREME COURT in Krishna Kumar Singh & Anr. v. State of Bihar & Ors. [Civil Appeal No.5875 of 1994], a seven-judge Bench examined the power of the Executive to make law through ordinance, and […]
There is nothing in the Contempt of Courts Act, 1971 or in Article 215 of the Constitution “which empowered High Court to initiate proceedings suo-motu for the contempt of a superior Court like the Supreme Court of India.”
Vitusah Oberoi and Ors. v. Court of its own motion [Criminal Appeal No. 1234 of 2007], It was held that there is nothing in the Contempt of Courts Act, 1971 or in Article 215 […]
It is necessary to provide for the required judge strength in every State district judiciary so as to facilitate the creation of infrastructure,
Imtiyaz Ahmad v. State of U.P. & Ors.[Criminal Appeal Nos. 254 – 262 of 2012] Direction issued (i) Until the National Court Management Systems Committee (NCMSC) “formulates a scientific method for determining […]
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 […]
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. […]
In some states a system is evolved for framing a schedule of consecutive working days for examination of witnesses in each sessions trial to be followed. Such schedule is fixed by the […]
Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.
Cr.P.C. S.251: It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued Under Section 204 of the Code in a summons […]
Magistrate can discharge accused after recording reasons, even at stage when accused appears in response to summons or warrant but no prosecution evidence has been led.
Cr.P.C. S.245(2): “Discharge at any previous stage of the case” occuring in S.245(2) is before the prosecution’s evidence under S.244(1) is completed, or at any stage prior to that, namely, the stages prescribed […]
A Magistrate’s jurisdiction is limited to his territorial jurisdiction, he cannot permit investigation in a case he is not competent to try.
Cr.P.C. S.179: Magistrate’s Jurisdiction: A Magistrate does not exercise jurisdiction throughout the length and breadth of India for purposes of Code of Criminal Procedure or of Prevention of Corruption Act. The Code […]