Month: November 2018

Use of Order 18 Rule 17A of CPC is for production of evidence not previously known or which could not be produced despite due diligence
2 min read

Use of Order 18 Rule 17A of CPC is for production of evidence not previously known or which could not be produced despite due diligence

The power under section 151 will have to be used with circumspection and care, only where it is absolutely necessary, when there is no provision in the Code governing the matter, when the bona fides of the applicant cannot...
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In exceptional cases even at the stage of argument or closure, evidence can be reopened or witness can be recalled
15 min read

In exceptional cases even at the stage of argument or closure, evidence can be reopened or witness can be recalled

SUPREME COURT OF INDIA K.K. Velusamy  Versus  N. Palanisamy (Before : R. V. Raveendran and A. K. Patnaik, JJ.) Civil Appeal Nos. 2795-2796 of 2011 (Arising out of SLP (C) Nos. 18211-18212 of 2010) : Decided On: 30-03-2011 Civil Procedure Code,...
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Non-availability of express provision Civil courts can pass necessary orders for ends of justice, or to prevent abuse of process of Court
30 min read

Non-availability of express provision Civil courts can pass necessary orders for ends of justice, or to prevent abuse of process of Court

Manohar Lal Chopra Versus Rai Bahadur Rao Raja Seth Hiralal-Inherent jurisdiction of the court to make orders ex debito justitiae is undoubtedly affirmed by S. 151 of the Code, but that jurisdiction cannot be exercised so as to nullify...
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Police remand can be sought U/S 167(2) of Code in respect of an accused arrested at the stage of further investigation if interrogation is needed by investigating agency.
10 min read

Police remand can be sought U/S 167(2) of Code in respect of an accused arrested at the stage of further investigation if interrogation is needed by investigating agency.

SUPREME COURT OF INDIA DIVISION BENCH ( Before : Dipak Misra, J; Prafulla C. Pant, J ) CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. RATHIN DANDAPAT AND OTHERS — Respondent Criminal Appeal No. 1081 of 2015 (Arising out of...
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No detention in police custody after expiry of first 15 days even in a case where some more serious offences, committed by an accused in same transaction come to light at a later stage
32 min read

No detention in police custody after expiry of first 15 days even in a case where some more serious offences, committed by an accused in same transaction come to light at a later stage

Where the Magistrate thinks fit that further detention beyond the period of fifteen days in necessary and it lays down that the Magistrate may authorise the detention of the accused person otherwise than in the custody of the police...
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Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes SUPREME COURT OF INDIA JUDGMENTS
51 min read

Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes

26/3/2007-Samar Ghosh vs Jaya Ghosh-Law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the fault theory, guilt has to be proved; divorce courts are presented concrete instances of human behaviour as bring...
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At U/S 227 CrPC stage, the Judge has merely to sift evidence to find out whether or not there is sufficient ground for proceeding (SC-16/11/1978)
20 min read

At U/S 227 CrPC stage, the Judge has merely to sift evidence to find out whether or not there is sufficient ground for proceeding (SC-16/11/1978)

Restitutionary jurisdiction is inherent in every court, to neutralise the advantage of litigation (SC-23/03/2023)
22 min read

Restitutionary jurisdiction is inherent in every court, to neutralise the advantage of litigation (SC-23/03/2023)

Where a power is given to do a certain thing in a certain way, the thing must be done in that way, other methods are necessarily forbidden (SC-23/03/2023)
5 min read

Where a power is given to do a certain thing in a certain way, the thing must be done in that way, other methods are necessarily forbidden (SC-23/03/2023)

Demand and recovery both must be proved to sustain conviction under Prevention of Corruption Act (SC- 23/03/2023)
8 min read

Demand and recovery both must be proved to sustain conviction under Prevention of Corruption Act (SC- 23/03/2023)