Criminal Procedure Code, 1973 (CrPC) – Section 437 – Bail – Conditions for – Excessively onerous condition that accused should pay a huge sum of Rs. 2 lacs at stage of FIR – Accused failed to make the payment of said amount and languishing in jail endlessly – Not proper. Order passed by Metropolitan Magistrate imposing condition that accused should pay a huge sum of Rs. 2 lacs to be set at liberty, not proper. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law.… Read More Court should not impose excessive condition for granting bail
The Jharkhand HC Advocate Association general secretary said HCs in Madhya Pradesh and Karnataka had issued similar directions to some litigants to pay costs towards the relief fund in Kerala. Bombay HC also asked one Trademark infringer to deposit Cost to Distress Fund.
A plethora of decisions by this Court as referred to above would show that once the statement of prosecutrix inspires confidence and accepted by the courts as such, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required unless there are compelling reasons which necessitate the courts for corroboration of her statement. … Read More Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial
INDEX Chapter-I Preliminary Short Title Definitions Chapter-II Salary and Other Conditions of Service of the Comptroller and Auditor-General Salary Term of Office Explanation Leave Pension
The burden is on the petitioner to show that desertion without cause subsisted throughout the statutory period… Read More What is the essential condition for success in a divorce suit based on desertion?
Supreme court in Rajender Singh Pathania and Others Versus State of N.C.T. of Delhi and Others [ JT 2011 (10) SC 294 : (2011) 9 SCALE 124] The issue of award of compensation in case of violation of FUNDAMENTAL RIGHTS of a person has been considered by this Court time and again and it has consistently been held… Read More Condition that High Courts and Supreme Court in exercise of their jurisdictions under Articles 226 and 32 can award compensation for such violations but such a power should not be lightly exercised.
Calcutta High Court in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench] Division Bench of this Court held as follows: ‘……..The grant of a probate is not a condition precedent to the institution of the suit by the executor. See Chandra Kishore Roy v. Prasanna Kumari Dasi (1). There cannot be any… Read More Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.
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 inter alia held per majority, that the power conferred upon the President under Article 123 of the Constitution and the Governor under Article 213 is… Read More 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
Hindu Marriage Act 1955 5. Conditions for a Hindu marriage A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:— (i)neither party has a spouse living at the time of the marriage; (ii)at the time of the marriage, neither party— (a)is incapable of giving a valid consent to it… Read More Conditions for a Hindu marriage
Kathá Sarit Ságara Book I. Called Kathápíṭha Chapter I. May the dark neck of Śiva, which the god of love has, so to speak, surrounded with nooses in the form of the alluring looks of Párvatí reclining on his bosom, assign to you prosperity. May that victor of obstacles, who after sweeping away the stars… Read More Kathá Sarit Ságara
The Mahabharata of Krishna-Dwaipayana Vyasa Translated into English Prose from the Original Sanskrit Text by Kisari Mohan Ganguli [1883-1896] TRANSLATOR’S PREFACE The object of a translator should ever be to hold the mirror up to his author. That being so, his chief duty is to represent so far as practicable the manner in which his author’s ideas… Read More The Mahabharata of Krishna-Dwaipayana Vyasa – Adi Parva, by Kisari Mohan Ganguli
There are ample precedents in India, adopting the concept of joint & mutual wills. ‘Theobald’ on Wills 19th Edition (Sweet & Maxwell) has defined joint Wills and mutual Will in para 1011 and 1012 in following manner: “1-011. Persons may make joint wills which are revocable at any time by either of them or by… Read More What is Joint and mutual wills
(2017) AIR(SCW) 1473 : (2017) AIR(SC) 1473 : (2017) 3 JT 151 : (2017) 1 LawHerald(SC) 708 : (2017) 2 RCR(Civil) 601 : (2017) 2 RecentApexJudgments(RAJ) 516 : (2017) 3 Scale 479 SUPREME COURT OF INDIA DIVISION BENCH ( Before : A.K. Sikri and Ashok Bhushan, JJ. ) DR. K.S. PALANISAMI(DEAD) — Appellant Vs. HINDU… Read More DR. K.S. PALANISAMI(DEAD) Vs. HINDU COMMUNITY IN GENERAL AND CITIZENS OF GOBI CHETTI PALAYAM
It is well established and it stands reiterated by the Apex Court in Bharpur Singh and Ors. vs. Shamsher Singh (2009) 3 SCC 687 and the suspicious circumstances, which are likely to surround the execution of a Will, highlighted are as under:- (i) The signature of the testator may be very shaky and doubtful or not… Read More What is the legal position in the matter of proof of Wills
SUPREME COURT OF INDIA BENCH: HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE A.K. SIKRI, HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MR. JUSTICE ASHOK BHUSHAN Justice K.S. Puttaswamy (Retd.) and Another Vs. Union of India and Others [Writ Petition (Civil) No. 494 of 2012] see below A.K. SIKRI, J. (For Chief… Read More Justice K.S. Puttaswamy (Retd.) and Another Vs. Union of India and Others