SUPREME COURT OF INDIA State of Gujarat Vs. Navinbhai Chandrakant Joshi Etc. [ ALL SC 2018 JULY] [Criminal Appeal Nos.895-896 of 2018 arising out of SLP (CRL.) Nos.8259-60 of 2016] The burden of proof placed upon the accused person against whom the presumption is made under Section 20 of the Act is not akin to… Read More It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.
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… Read More Explanation- Constitutional philosophy of social justice
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… Read More Explanation of the principle of necessity
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… Read More 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”
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… Read More Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation
EVIDENCE MAY BE GIVEN OF FACTS IN ISSUE AND RELEVANT FACTS — Evidence may be given in any suit or proceedings of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant and of no others. Explanation — This section shall not enable any… Read More Handy explanation of Indian Evidence Act 1872
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… Read More What is the effect of non-explanation of injuries sustained by the accused persons
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… Read More Constructive Resjudicata under Explanation IV to Section 11 of CPC
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… Read More It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.
CHAPTER I Organisation 1. Interpretations. [§ 12, Act V, 1861]. – In these Regulations, unless there is anything repugnant in the subject or context, – (i) the word “Superintendent” means Superintendent of Police and includes a Special Superintendent, an Additional Superintendent and any officer, not below the rank of Inspector, temporarily discharging the duties of… Read More Police Regulations, Bengal – 1943
Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.… Read More West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015
Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time… Read More THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.
Anglo-Indian school” means an institution, including all standards. and divisions thereof, established under the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the dale of coming into force of this Code, provided that such institution continues to fulfill the conditions for recognition laid down in this Code, and particularly in regulation 8.… Read More Code of Regulations for Anglo-Indian and other listed Schools 1993 – Govt of WB
Here we collected all the unique words used by the legislature for constituting and drafting The Indian Contract Act. We shall gradually explain the use and inherent meaning attached to each word. Abide Able About Absence Absents Absolute Absolutely Abstain Abstained Abstains Abstinence Accept Acceptance Accepted Accepting Acceptor Accepts According Accordingly Account Accounts Acquiescence Acquired… Read More Vocabulary used of Indian Contract Act