If the prosecution fails to satisfactorily explain the delay and there is a possibility of embellishment in the prosecution version on account of such delay, the delay would be fatal to the prosecution.

Supreme Court in State of H.P. v. Gian Chand, (2001) 6 SCC 71 dealt with the effect of failure of prosecution to satisfactorily explain the delay in the lodging of the FIR and declared that if the delay is not satisfactorily explained the same is fatal to the prosecution. This Court observed: If the prosecution … Continue reading If the prosecution fails to satisfactorily explain the delay and there is a possibility of embellishment in the prosecution version on account of such delay, the delay would be fatal to the prosecution.

If there was a general reference and not a specific reference on any question of law then the award can be set aside if it is demonstrated to be erroneous on the face of it.

If the award is erroneous on the basis of record with regard to proposition of law or its application, the Court will have jurisdiction to interfere with the same. Dealing with the similar question, this Court in M/s. Alopi Parshad and Sons Ltd. vs. The Union of India, (1960) 2 SCR 793 observed that the … Continue reading If there was a general reference and not a specific reference on any question of law then the award can be set aside if it is demonstrated to be erroneous on the face of it.

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the … Continue reading Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an accused person is entitled to be released on bail if the investigation is not completed within sixty days. The Court said: “But then … Continue reading Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.

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

If the case is supported by other materials, identification of the accused in the dock for the first time would be permissible

It is well settled principle that in the absence of any independent corroboration like TIP held by judicial Magistrate, the evidence of eye-witnesses as to the identification of the Appellants/accused for the first time before the trial Court generally cannot be accepted. As explained in Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC … Continue reading If the case is supported by other materials, identification of the accused in the dock for the first time would be permissible

The manager of Joint hindu family is competent to alienate joint family property if it is clearly beneficial to the estate even though there is no legal necessity justifying the transaction.

AIR 1964 SC 1385 : (1964) 6 SCR 321 (SUPREME COURT OF INDIA) Balmukand Appellant Versus Kamla Wati and others Respondent (Before : K. Subba Rao And J. R. Mudholkar, JJ.) Civil Appeal No. 7 of 1962,Decided on : 27-01-1964. hindu Law—Joint family property—Benefit of family—Determination of—Sale of joint family property without any difficulty in … Continue reading The manager of Joint hindu family is competent to alienate joint family property if it is clearly beneficial to the estate even though there is no legal necessity justifying the transaction.

Quantum of maintenance -“25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife”

Supreme Court of India in Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 observed the following : 2. Challenge in this appeal is to the order dated 15.09.2016 passed by the High Court at Calcutta in RVW No.85 of 2016 in C.O. No.4228 of 2012, reviewing an order dated 02.02.2015 passed … Continue reading Quantum of maintenance -“25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife”

The court cannot entertain an application for review if before making the review application, the superior court had been moved for getting the self-same relief

In Kabari Pvt. Ltd. v. Shivnath Shroff and Ors., AIR 1996 SC 742, this Court had taken a view that the court cannot entertain an application for review if before making the review application, the superior court had been moved for getting the self-same relief, for the reason that for the self-same relief two parallel … Continue reading The court cannot entertain an application for review if before making the review application, the superior court had been moved for getting the self-same relief

What are Justifications, Excuses, and Mitigating Factors in Crimes

If a defendant can prove a successful justification for his actions, he will be fully cleared from criminal liability. In case of excuse, the act is considered criminal unlike justification but the accused person shall be spared from the consequences of crime. Example, Intoxication, insanity etc. Mitigating factors has been used to lessen the punishment … Continue reading What are Justifications, Excuses, and Mitigating Factors in Crimes

Clarification “a person, trying a cause, must not only act fairly but must be able to act above suspicion of unfairness and bias”.

160578 : (2011) 13 SCALE 352 (SUPREME COURT OF INDIA) Narinder Singh Arora Appellant Versus State (Govt. of NCT of Delhi) and Others Respondent (Before : H.L. Dattu and Chandramauli Kr. Prasad, JJ.) Criminal Appeal No. 2184 of 2011 (Arising out of S.L.P. (Crl.) No. 2156 of 2011) : Decided On: 05-12-2011 Administration of Justice—Recusance … Continue reading Clarification “a person, trying a cause, must not only act fairly but must be able to act above suspicion of unfairness and bias”.

Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Shanti Bhushan Vs. Supreme Court of India through its Registrar and Another [DECIDED ON JULY 06, 2018] “the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice” A.K.SIKRI, J. 2. The petitioner herein, who is a senior … Continue reading Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Notification of Cyber Regulation Advisory Committee [2000]

Notification of Cyber Regulation Advisory Committee THE GAZETTE OF INDIA EXTRAORDINARY Part II- Section 3, Sub-Section (i) Government of India Ministry of Information Technology New Delhi, the 17 th October, 2000 NOTIFICATION G.S.R.790(E) In exercise of the powers conferred by section 88 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby constitute the … Continue reading Notification of Cyber Regulation Advisory Committee [2000]

Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.

Supreme Court of India in Gurcharan Singh vs Surjit Singh & Anr  decided on 2 November, 2012 The Calcutta High Court has taken a similar view in State of West Bengal v. Manisha Maity (supra) that Order XXII, Rule 4 of the CPC providing for the procedure for substitution of the heirs and legal representatives of … Continue reading Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.

If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .

In State of Rajasthan Versus Islam and others [AIR 2011 SC 2317 : JT 2011 (6) SC 452 : (2011) 6 SCALE 389 : (2011) 6 SCC 343 : (2011) 2 SCC (Cri) 951] When Supreme  Court exercises its jurisdiction under Article 136, it definitely exercises a discretionary jurisdiction but such discretionary jurisdiction has to be exercised … Continue reading If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .

If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.

Supreme Court in Thermax Ltd. and others Versus K.M. Johny and others [(2011) 11 SCALE 128] The principles enunciated from the above-quoted decisions clearly show that for proceedings under Section 156(3) of the Code, the complaint must disclose relevant material ingredients of Sections 405, 406, 420 read with Section 34 IPC. If there is a flavour of civil … Continue reading If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.

“When the plaintiff being a wrong doer is not entitled to claim an equitable relief of declaration of title under Section 34 of Specific Relief Act”-EXPLAIN

The declaratory relief under Section 34 of Specific Relief Act is purely a discretionary and equitable relief. To claim such equitable and discretionary relief, the plaintiff has to approach the Court with clean hands. The plaintiff himself claimed that he perfected his title by adverse possession that means wrongful possession. When the plaintiff being a … Continue reading “When the plaintiff being a wrong doer is not entitled to claim an equitable relief of declaration of title under Section 34 of Specific Relief Act”-EXPLAIN

Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

Allahabad High Court in Narendra Kumar And Anr. vs Collector And Ors. on 23 March, 2004 Equivalent citations: (2004) 2 UPLBEC 2037 held : The Act does not provide for any period of limitation. But Sub-section (4) of Section 3 of the Act is extracted below : “3. (4) In the case of any agreement referred to … Continue reading Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

Current Exchange Rate in India [Notification dated the 21st June, 2018]

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ***** Notification No.55/2018 – Customs (N.T.) New Delhi, dated the 21st June, 2018 31 Jyaistha 1940 (SAKA)   In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the … Continue reading Current Exchange Rate in India [Notification dated the 21st June, 2018]

Where the law has given jurisdiction to determine, certain matters to specified tribunals only, such matters cannot be referred to arbitrations

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS  a) Insolvency proceedings b) Probate proceedings c) Appeal under Section 92, CPC d) Proceedings for appointment of guardian e) Matrimonial causes – except settlement of terms of separation or divorce f) Title to immovable property in a foreign country g) Claim … Continue reading Where the law has given jurisdiction to determine, certain matters to specified tribunals only, such matters cannot be referred to arbitrations

Whether the unregistered sale deed sought to be produced by the plaintiff in evidence in a suit for permanent injunction could be marked for a “collateral purposes”?

A Collateral transaction means, a transaction other than the transaction affecting the immovable property but which is in some way connected with it. Before adverting to the case law, I would like to give a brief prelude to the issue. The plain dictionary meaning of the phrase “collateral” is “additional but subordinate, secondary” (Oxford Dictionary, … Continue reading Whether the unregistered sale deed sought to be produced by the plaintiff in evidence in a suit for permanent injunction could be marked for a “collateral purposes”?

Ex-Navy Direct Entry Artificers Association & Ors. Vs. Union of India & Ors [ALL SC 2018 MAY]

KEYWORDS: Principle of Promissory Estoppel – Reservist pension DATE: MAY 08, 2018 ACTS: Regulation 78 of the Navy (Pension) Regulations, 1964,Naval Regulations Part-III HELD: “ The appellants are not entitled to count 50% of the Fleet Reserve as they were never drafted into the said reserve. Consequently, the appellants are not entitled to reservist pension. However, their cases … Continue reading Ex-Navy Direct Entry Artificers Association & Ors. Vs. Union of India & Ors [ALL SC 2018 MAY]

Executive Order 6102—Requiring Gold Coin, Gold Bullion and Gold Certificates to Be Delivered to the Government of America

April 5, 1933 Franklin D. Roosevelt President of the United States of America By virtue of the authority vested in me by Section 5 (b) of the Act of October 6, 1917, as amended by Section 2 of the Act of March 9, 1933, entitled “An Act to provide relief in the existing national emergency … Continue reading Executive Order 6102—Requiring Gold Coin, Gold Bullion and Gold Certificates to Be Delivered to the Government of America

OBJECTIVE SAMPLE QUESTIONS ON THE SPECIFIC RELIEF ACT [1ST SET]

Readiness of plaintiff to perform contract which includes (a) performance of plaintiff (b) potential of plaintiff (c) willingness of plaintiff (d) financial ability of plaintiff. Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication? (a) yes (b) no (c) conditional one (d) none of … Continue reading OBJECTIVE SAMPLE QUESTIONS ON THE SPECIFIC RELIEF ACT [1ST SET]