Explanation- Constitutional philosophy of social justice

It is in this context this Court’s observations in Dharwad Distt. PWD Literate Daily Wage Employees Assn. v. State of Karnataka (1990) 2 SCC 396 seem to be rather apposite. This Court upon consideration of Randhir Singh v. Union of India (Daily Rated Casual Labour Employed under P and T Dept. through Bhartiya Dak Tar … Continue reading Explanation- Constitutional philosophy of social justice

Explanation of the principle of necessity

A dying declaration not being a deposition in Court, neither made on oath nor in the presence of the accused and therefore not tested by cross-examination is yet admissible in evidence as an exception to the general rule against the admissibility of hearsay. The admissibility is founded on the principle of necessity. The weak points … Continue reading Explanation of the principle of necessity

Explanation : “Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth”

LAW LIBRARY Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth” – Is the philosophy in law underlying admittance in evidence of dying declaration. “A dying declaration made by person on the verge of his … Continue reading Explanation : “Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth”

Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation

An exception is an exception, and cannot ordinarily nullify the full force of the main rule, which is the right to liberty in Article 21 of the Constitution. FUNDAMENTAL RIGHTS are meant for protecting the civil liberties of the people, and not to put them in jail for a long period without recourse to a … Continue reading Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation

What is the effect of non-explanation of injuries sustained by the accused persons

Supreme Court considered the effect of non-explanation of injuries sustained by the accused person in Takhaji Hiraji v. Thakore Kubersing Chamansing and others (2001) 6 SCC 145 and held as under:- “17. The first question which arises for consideration is what is the effect of non-explanation of injuries sustained by the accused persons. In Rajender … Continue reading What is the effect of non-explanation of injuries sustained by the accused persons

Constructive Resjudicata under Explanation IV to Section 11 of CPC

In Forward Construction Co. & Ors. v. Prabhat Mandal, Andheri & Ors., AIR 1986 SC 391 the Supreme Court explained the scope of constructive res judicata as envisaged in Explanation IV to Section 11 of CPC and observed that the High Court was not right in holding that the earlier judgment would not operate as res judicata as … Continue reading Constructive Resjudicata under Explanation IV to Section 11 of CPC

It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.

Section 313 Code No matter how weak or scanty the prosecution evidence is in regard to certain incriminating material, it is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him. Section 313 Code of Criminal Procedure is based on the fundamental principle of … Continue reading It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.

In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance

KEYWORDS:-Muslim Husband – Second Marriage- Maintenance – AIR 1987 SC 1103 : (1987) 2 SCR 773 : (1987) 2 SCC 285 : JT 1987 (2) SC 55 : (1987) 1 SCALE 672 : (1987) CriLJ SC 980 (SUPREME COURT OF INDIA) Begum Subanu alias Saira Banu and another Appellant Versus A.M. Abdul Gafoor Respondent (Before … Continue reading In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance

Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. Rev. P.M.A. Metropolitan and others Appellant Versus Moran Mar marthoma and another Respondent (Before: R. M. Sahai, B. P. Jeevan Reddy And S. … Continue reading Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

AIR 1980 SC 271 : (1980) 1 SCR 804 : (1980) 2 SCC 410 (SUPREME COURT OF INDIA) D. G. Gouse and Co. (Agents) Pvt. Ltd. Appellant Versus State of Kerala and another Respondent AND S. K. Subramanian Appellant Versus State of Kerala and others Respondent AND The Customs Clearing Agents’ Association Appellant Versus State … Continue reading D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

KEYWORDS:- RES JUDICATA AIR 1996 SC 987 : (1996) 1 SCR 322 : (1996) 2 SCC 520 : JT 1996 (1) SC 277 : (1996) 1 SCALE 253(2) (SUPREME COURT OF INDIA) CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council Respondent (Before: S. C. Agrawal And B. P. Jeevan Reddy, JJ.) Civil … Continue reading CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

Law of Confession under Indian Evidence Act

Section 164 Code of Criminal Procedure speaks about recording of confessions and statements. It reads thus: 164. Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this … Continue reading Law of Confession under Indian Evidence Act

The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

The Constitution of the Islamic Republic of Iran replaced the monarchical constitution of 1906 Contents PREAMBLE Introduction to the Constitution The Dawn of the Movement Islamic Government The Wrath of the People The Price the Nation Paid The Form of Government in Islam The Economy is a Means, Not an End Woman in the Constitution … Continue reading The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

KEYWORDS: Dying declaration- AIR 1993 SCW 1321 : (1993) CriLJ SC 1635 : JT 1993 (2) SC 559 : (1993) 2 SCALE 214 : (1993) 2 SCC 684 : (1993) 2 SCR 666 (SUPREME COURT OF INDIA) Kundula Bala Subrahmanyam and another Appellant Versus State of ANDHRA PRADESH Respondent (Before : Dr. A. S. Anand … Continue reading Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

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.

What is the value of RTI reply in Evidence

The Right to Information Act was enacted in the year 2005 and came into force with effect from 15-06-2005. It provides for designation of a Public Information Officer for obtaining information with exemptions from such disclosure and the grounds for rejection in appropriate cases. Section 22 of the Act says that the provisions of the said Act shall have … Continue reading What is the value of RTI reply in Evidence

S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]

KEYWORDS:- Double Jeopardy- It is a well-established principle of English law that, except where it is otherwise provided by a statute, all public officers and servants of the Crown hold their appointments at the pleasure of the Crown. Their services can be terminated without assigning any reason and even if any public servant considers that he … Continue reading S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]

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]

Rights of an intermediary under West Bengal Estate Acquisition Act 1953

under section 6 of the West Bengal Estate Acquisition Act 1953 Right of  intermediary  to retain certain lands:- (1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provision to  that sub-section, be entitled to retain with effect … Continue reading Rights of an intermediary under West Bengal Estate Acquisition Act 1953

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]

CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification. (2)A Special Court shall consist of a single Judge who shall … Continue reading CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985