where the “payee” is a proprietary concern the complaint can be filed (i) by the proprietor of the proprietary concern describing himself as the sole proprietor of the “payee” - In a case of this nature, where the “payee”...
Month: January 2021
No doubt, the right to personal liberty of an individual is jealously protected by our Constitution but this liberty is not absolute and is not to be understood to amount to licence to indulge in activities which wrongfully and...
Section 4 of the Indian Oaths Act lays down the authority to administer oaths and affirmations and it prescribes the courts and persons authorised to administer by themselves or by their officers empowere a that behalf oaths and affirmations...
Laws and Policy The term “immigration laws” includes all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens. Legislation Immigration and Nationality Act-1952 -An act of Congress that, along...
8 U.S.C. United States Code, 2018 Edition Title 8 – ALIENS AND NATIONALITY CHAPTER 12 – IMMIGRATION AND NATIONALITY SUBCHAPTER I – GENERAL PROVISIONS Sec. 1101 – Definitions The Immigration and Nationality Act (INA) was enacted in 1952 Sec....
A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to...
Proof beyond reasonable doubt is a guideline, not a fetish. (See Inder Singh and another vs. State (Delhi Admn.) (AIR 1978 SC 1091). Vague hunches cannot take place of judicial evaluation. “A Judge does not preside over a criminal...
One of the pleas is that the prosecution has not explained the injuries on the accused. Issue is if there is no such explanation what would be its effect? We are not prepared to agree with the learned counsel...
n Harjinder Singh v. State of Punjab and Ors., (1985) 1 SCC 422 the question was whether the Court should in the facts and circumstances of the case direct that the two cases should be tried together but not...
In Maqsoodan and Ors. v. State of U.P., AIR 1983 SC 126, this Court dealt with an issue wherein a person who had made a statement in expectation of death did not die. The court held that it cannot...
Trustworthy evidence This question has been definitively dealt with by a Constitution Bench of this Court in Masalti v. State of Uttar Pradesh, AIR 1965 SC 202, wherein the Court observed as under: … under the Indian Evidence Act,...
Falsus in Uno, Falsus in Omnibus: In Balaka Singh v. State of Punjab, AIR 1975 SC 1962, this Court observed as under: It is true that, as laid down by this Court in Zwinglee Ariel v. State of Madhya...