TRIAL

Ordinary Provisions for Inquiry and Trials before Criminal Courts in India

A criminal trial is a judicial examination of the issues in the case and its purpose is to arrive at a judgment on an issue as to a fact or relevant facts which may lead to the discovery of the fact issue and obtain proof of such facts at which the prosecution and the accused… Continue reading Ordinary Provisions for Inquiry and Trials before Criminal Courts in India

CIVIL

Criminal Law (Amendment) Ordinance, 2018

The Ordinance amends the Indian Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 21st April, 2018/Vaisakha 1, 1940 (Saka) THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2018 NO. 2 OF 2018 Short… Continue reading Criminal Law (Amendment) Ordinance, 2018

CIVIL

The State of Madras Vs V. G. Row[ALL SC 1952 MARCH]

KEYWORDS:- JUDICIAL REVIEW-imposing reasonable restrictions-test of reasonableness Court naturally attaches great weight to the legislative Judgment, it cannot desert its own duty to determine finally the constitutionality of an impugned statute. DATE:- 31-03-1952 AIR 1952 SC 196 : (1952) SCR 597 : (1952) CriLJ SC 966 (SUPREME COURT OF INDIA) The State of Madras Appellant… Continue reading The State of Madras Vs V. G. Row[ALL SC 1952 MARCH]

CIVIL

Gulam Abbas and others Versus State of U.P. and others[ALL SC 1981 NOVEMBER]

KEYWORDS:-SECTION 144 Under Section 144 is provided by the urgency of the situation and the power there under is intended to be availed of for preventing disorders, obstructions and annoyances with a view to secure the public weal by maintaining public peace and tranquillity. DATE:- 03-11-1981 AIR 1981 SC 2198 : (1982) 1 SCR 1077… Continue reading Gulam Abbas and others Versus State of U.P. and others[ALL SC 1981 NOVEMBER]

CIVIL, Thika Tenancy

Narayan Chandra Ghosh and ORS Vs Kanailal Ghosh and ORS[ALL SC 2005 NOVEMBER]

KEYWORDS:- THIKA TENANCY- RENT- EVICTION DATE:-16-11-2005 AIR 2006 SC 562 : (2005) 5 Suppl. SCR 250 : (2006) 1 SCC 175 : JT 2005 (9) SC 613 : (2005) 9 SCALE 350 (SUPREME COURT OF INDIA) Narayan Chandra Ghosh and OTHERS Appellant Versus Kanailal Ghosh and OTHERS Respondent (Before : B. N. Agrawal And A.… Continue reading Narayan Chandra Ghosh and ORS Vs Kanailal Ghosh and ORS[ALL SC 2005 NOVEMBER]

CIVIL

Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]

KEYWORDS:-  Motor Accident Claim -Distinction between no-fault liability strict liability- DATE:- April 06, 2018 ACT:-  Section 166 of Motor Vehicles Act Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors. [Civil Appeal Nos.24992500 of 2018 arising out of SLP (Civil) Nos.2814142 of 2017] A.M. Khanwilkar, J. 1. In the present appeals, the appellant/claimant has challenged… Continue reading Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]

CIVIL

Seema Upadhyay Vs. Union of India through The Secretary, Ministry of Petroleum and Natural Gas and Ors.[ALL SC 2018 APRIL]

KEYWORDS:-multiple dealerships or outlets for petroleum products- DATE:-April 05, 2018 ACTS:-Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 and the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 SUPREME COURT OF INDIA Seema Upadhyay Vs. Union of India through The Secretary, Ministry of Petroleum… Continue reading Seema Upadhyay Vs. Union of India through The Secretary, Ministry of Petroleum and Natural Gas and Ors.[ALL SC 2018 APRIL]

CIVIL

Rameshwar & Others Vs. State of Haryana & Others[ALL SC 2018 MARCH]

KEYWORDS:- DATE:-March 12, 2018 SUPREME COURT OF INDIA Rameshwar & Others Vs. State of Haryana & Others [Civil Appeal No.8788 of 2015] [Civil Appeal No.8794 of 2015] [Civil Appeal No.8791 of 2015] [Civil Appeal No.8782 of 2015] Uday Umesh Lalit, J. 1. These appeals by special leave are directed against the common Judgment and Order… Continue reading Rameshwar & Others Vs. State of Haryana & Others[ALL SC 2018 MARCH]

CIVIL

Common Cause (A Regd. Society) Vs. Union of India and Another[ALL SC 2018 MARCH]

KEYWORDS:-right to die with dignity- DATE:-MARCH 09, 2018 An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices.  A person of competent mental faculty is entitled to execute an advance medical directive in accordance with safeguards as referred to above SUPREME… Continue reading Common Cause (A Regd. Society) Vs. Union of India and Another[ALL SC 2018 MARCH]

CIVIL

Domestic violence at a Glance

Law Library  Meaning of domestic violence and its scope Domestic violence means any unlawful act, omission or behaviour which results in death or the direct infliction of physical, sexual or mental injury to any complainant by a respondent and includes the following— (a)   physical abuse; (b)   sexual abuse; (c)   emotional, verbal and psychological abuse; `… Continue reading Domestic violence at a Glance

CIVIL

Circumstances in which a trial can be transferred to dispense fair and impartial justice

Supreme Court, on various occasions, had opportunity to discuss the importance of fair trial in Criminal Justice System and various circumstances in which a trial can be transferred to dispense fair and impartial justice. It would be advantageous to notice a few decisions of this Court with regard to the scope of Section 406 of… Continue reading Circumstances in which a trial can be transferred to dispense fair and impartial justice

CIVIL

Section 315 of the Code of Criminal Procedure makes an accused a competent witness in his defence.

Section 315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that- (a)… Continue reading Section 315 of the Code of Criminal Procedure makes an accused a competent witness in his defence.

CIVIL

Nandini Sundar and Others Vs State of Chhattisgarh[ALL SC 2011 JULY]

KEYWORDS:-Naxalism DATE:- 05-07-2011- The primary task of the State is the provision of security to all its citizens, without violating human dignity. JT 2011 (7) SC 561 : (2011) 6 SCALE 839 : (2011) 7 SCC 547 (SUPREME COURT OF INDIA) Nandini Sundar and Others Appellant Versus State of Chhattisgarh Respondent (Before : B. Sudershan Reddy… Continue reading Nandini Sundar and Others Vs State of Chhattisgarh[ALL SC 2011 JULY]

Criminal

Smt. Selvi and OTHERS Versus State of Karnataka[ALL SC 2010 MAY]

KEYWORDS:- Scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test- DATE:-05-05-2010- Forcing an individual to undergo any of the impugned techniques violates the standard of ‘substantive due process’ which is required for restraining personal liberty. JT 2010 (5) SC 11 : (2010) 4 SCALE 690 : (2010) 7 SCC 263… Continue reading Smt. Selvi and OTHERS Versus State of Karnataka[ALL SC 2010 MAY]

CIVIL

M/s. S. B. P. and Co. Appellant Versus M/s. Patel Engineering Ltd. and ANOTHER[ALL SC 2005 OCTOBER]

KEYWORDS:- ARBITRATION- DATE:-26-10-2005- What is the nature of the function of the Chief Justice or his designate under Section 11 of the Arbitration and Conciliation Act, 1996? AIR 2006 SC 450 : (2005) 4 Suppl. SCR 688 : (2005) 8 SCC 618 : JT 2005 (9) SC 219 : (2005) 9 SCALE 1 (SUPREME COURT… Continue reading M/s. S. B. P. and Co. Appellant Versus M/s. Patel Engineering Ltd. and ANOTHER[ALL SC 2005 OCTOBER]

CIVIL, constitution

The Constitution of The Kingdom of Bhutan

Preamble WE, the people of Bhutan: BLESSED by the Triple Gem, the protection of our guardian deities, the wisdom of our leaders, the everlasting fortunes of the Pelden Drukpa and the guidance of His Majesty the Druk Gyalpo Jigme Khesar Namgyel Wangchuck; SOLEMNLY pledging ourselves to strengthen the sovereignty of Bhutan, to secure the blessings… Continue reading The Constitution of The Kingdom of Bhutan

CIVIL

Ashoka Kumar Thakur Versus Union of India and OTHERS[ALL SC 2008 APRIL]

KEYWORDS:-Reservation for admission in educational institutions- DATE : 10.04.2018 The Constitution 93rd Amendment Act, 2005, is valid AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 : (2008) 6 SCC 1 (SUPREME COURT OF INDIA) Ashoka Kumar Thakur Appellant Versus Union of India and OTHERS Respondent (Before : K.… Continue reading Ashoka Kumar Thakur Versus Union of India and OTHERS[ALL SC 2008 APRIL]