National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF … Continue reading National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

KEYWORDS:- DOMESTIC VIOLENCE-SETTLEMENT DATE:-18-02-2009 AIR 2009 SCW 6622 : (2009) 3 SCALE 120 : (2009) 3 SCC 448 (SUPREME COURT OF INDIA) Aviral Bhatla Appellant Versus Bhawana Bhatla Respondent (Before : Arijit Pasayat And Asok Kumar Ganguly, JJ.) Transfer Petn. (Civil) Nos. 431 with 1052 of 2008, Decided on : 18-02-2009. Hindu Marriage Act, 1955—Sections … Continue reading Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

Malay Kumar Ganguly vs Sukumar Mukherjee & Ors [ALL SC 2009 AUGUST]

KEYWORDS:- MEDICAL NEGLIGENCE-mandatory compensation-doctrine of the cumulative effect- DATE: 7 August, 2009 The doctrine of cumulative effect is not available in criminal law- “for the death of Anuradha although Dr. Mukherjee, Dr. Halder, Dr. Abani Roy Chowdhury, AMRI, Dr. B. Prasad were negligent, the extent thereof and keeping in view our observations made hereinbefore, it … Continue reading Malay Kumar Ganguly vs Sukumar Mukherjee & Ors [ALL SC 2009 AUGUST]

D.D.A. Appellant Versus Mahender Singh and Another[ALL SC 2009 MARCH]

KEYWORDS:- COMMON LAW PRINCIPLES- INTEREST DATE:-20-03-2009- “As the Act is a self-contained Code, common law principles of justice, equity and good conscience cannot be extended in awarding interest, contrary to or beyond provisions of the statute”. AIR 2009 SC 3270 : (2009) 4 SCR 788 : (2009) 5 SCC 339 : JT 2009 (4) SC … Continue reading D.D.A. Appellant Versus Mahender Singh and Another[ALL SC 2009 MARCH]

Rasiklal Versus Kishore Khanchand Wadhwani [ALL SC 2009 FEBRUARY]

KEYWORDS:-DEFAMATION-CANCELLATION OF BAIL- DATE:-20-02-2009. The right to claim bail granted by Section 436 of the Code in a bailable offence is an absolute and indefeasible right. AIR 2009 SC 1341 : (2009) 2 SCR 795 : (2009) 4 SCC 446 : JT 2009 (3) SC 26 : (2009) 3 SCALE 9 : (2009) CriLJ SC … Continue reading Rasiklal Versus Kishore Khanchand Wadhwani [ALL SC 2009 FEBRUARY]

Bhairon Singh Vs State of MADHYA PRADESH[ALL SC 2009 MAY]

KEYWORDS:-ADMISSION- ADMISSIBILITY OF HEARSAY EVIDENCE-Rule of res gestae DATE:-29-05-2009- Whether the statements attributed to the deceased could be used as evidence for entering upon a finding that the accused subjected ‘X’ to cruelty as contemplated under Section 498-A, IPC. AIR 2009 SC 2603 : (2009) 9 SCR 875 : (2009) 13 SCC 80 : JT … Continue reading Bhairon Singh Vs State of MADHYA PRADESH[ALL SC 2009 MAY]

Reeta NagVersus State of West Benga[SC 2009 August]

Keywords: Reinvestigation, Further investigation, once a charge-sheet is filed under Section 173(2) Cr.P.C. and either charge is framed or the accused are discharged, the Magistrate may, on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authorities permit further investigation under Section 173(8). … Continue reading Reeta NagVersus State of West Benga[SC 2009 August]

Ajoy Kumar Ghose Vs State of Jharkhand and Another Respondent[SC 2009]

Keywords:- Difference between Proceeding instituted on Police report and Proceeding instituted otherwise than police report In the warrant trial instituted otherwise than the police report, the complainant gets two opportunities to lead evidence, firstly, before the charge is framed and secondly, after the charge. Criminal Procedure Code, 1973—Sections 244, 245 and 246—Discharge—Magistrate has power to … Continue reading Ajoy Kumar Ghose Vs State of Jharkhand and Another Respondent[SC 2009]

Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

Keywords:-Adverse possession the possession of the adverse possessor must be hostile enough to give rise to a reasonable notice and opportunity to the paper-owner. for claiming title by adverse possession, it was necessary for the plaintiff to plead and prove animus possidendi. A peaceful, open and continuous possession being the ingredients of the principle of … Continue reading Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

L. N. Aswathama and another Vs P. Prakash [SC-2009]

Keywords:-Adverse Possession-possession follows title-Title by Prescription Possession follows title. The plaintiffs having established title to the suit property, will be entitled to decree for possession, unless their right to the suit property was extinguished, by reason of defendant being in adverse possession for a period of twelve years prior to the suit. To establish a … Continue reading L. N. Aswathama and another Vs P. Prakash [SC-2009]

Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

KEYWORDS:- RAPE- Removal from service- disciplinary inquiry – natural Justice- The question as to whether Inquiry Officer who is supposed to act independently in an inquiry has acted as prosecutor or not is a question of fact which has to be decided on the facts and proceedings of particular case. The disciplinary proceedings are quasi-judicial proceedings … Continue reading Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising … Continue reading Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

Omprakash Vs. Laxminarayan & Ors[ALL SC 2013 OCTOBER]

KEYWORDS:- Specific performance of contract -conveyance DATE:-OCTOBER 7, 2013 Section 33 of the Act casts a statutory obligation on all the authorities to impound a document. The court being an authority to receive a document in evidence is bound to give effect thereto. The unregistered deed of sale was an instrument which required payment of … Continue reading Omprakash Vs. Laxminarayan & Ors[ALL SC 2013 OCTOBER]

Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

KEYWORDS:- Murder- Acquittal- PLEA OF INSANITY- Right of Life- Benefit of Doubt- “We are therefore of the considered opinion, that the appellant has been able to create sufficient doubt in our mind that he is entitled to the benefit of the exception under section 84 I.P.C. because of the preponderance of his medical condition at … Continue reading Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana If the information was received when the police officer was in the police station with sufficient time to take action, and if the police officer fails to record in writing the information received, or fails to send a copy thereof, to the official superior, then … Continue reading Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & Ors [ALL SC 2018 MAY]

KEYWORDS:- Condonation of Inordinate Delay- DATE:- MAY 07, 2018 ACTS:- Order VIII Rule 1 of the Code of Civil Procedure, 1908 HELD:- “We fail to persuade ourselves with this kind of reasoning given by the High Court in condoning the delay, thereby disregarding the provisions of Order VIII Rule 1 of the Code of Civil Procedure, … Continue reading Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & Ors [ALL SC 2018 MAY]

Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]

KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF INDIA) Sanjay Chandra Appellant Versus CBI Respondent (Before : H.L. Dattu and G.S. Singhvi, JJ.) Criminal Appeal No. 2178 of 2011 (Arising out … Continue reading Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]

Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors[ALL SC 2014 SEPTEMBER]

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 but cannot be decided by circulation. The right of a limited oral hearing in review petitions where death sentence is given, shall be … Continue reading Mohd. Arif @ Ashfaq vs The Reg. Supreme Court Of India & Ors[ALL SC 2014 SEPTEMBER]

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 in Ss.200 to 204, Cr.P.C. Magistrate can therefore discharge accused after recording reasons, even at stage when accused appears in response to summons … Continue reading 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.

Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

KEYWORDS:-Reexamination of Answer Sheet-Publication of key answers- DATE:-MAY 03, 2018. The key answers prepared by the papersetter or the examining body is presumed to have been prepared after due deliberations. To err is human. There are various factors which may lead to framing of the incorrect key answers. The publication of key answers is a … Continue reading Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

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

Keywords:- Reservation for admission- The Constitution 93rd Amendment Act, 2005, is valid and does not violate the “basic structure” of the Constitution so far as it relates to the State maintained institutions and aided educational institutions. AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 : (2008) 6 SCC … Continue reading Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

KEYWORDS:-Preliminary inquiry- DATE: 12 November, 2013- If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police … Continue reading Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]

KEYWORDS:-Parliamentary Privilege-expulsion of the MLAs- JT 2010 (4) SC 350 : (2010) 4 SCALE 354 : (2010) 6 SCC 113 : (2010) 4 SCR 1105 (SUPREME COURT OF INDIA) Amarinder Singh Appellant Versus Special Committee, Punjab Vidhan Sabha and OTHERS Respondent (Before : K. G. Balakrishnan, C.J.,R. V. Raveendran,P. Sathasivam ,J. M. Panchal and R. … Continue reading Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]