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

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]

State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both … Continue reading State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

Descriptive questions on Indian Penal Code [ Beginner level]

1. What are the mitigating factors? Discuss the factors responsible for variations in criminal liability. 2.“The intent and the act must both concur to constitute a crime”. Explain this statement with reference. 3. Write a note on “wrongful gain and wrongful loss”. What is Undue enrichment?  4. What is private defence ? When does the … Continue reading Descriptive questions on Indian Penal Code [ Beginner level]

State of WEST BENGAL and others Versus Ranbindra Nath Sengupta and others [ALL SC 1998 MARCH]

KEYWORDS:- GOVERNMENT PREMISES- AIR 1998 SC 1738 : (1998) 2 SCR 599 : (1998) 4 SCC 277 : JT 1998 (3) SC 23 : (1998) 2 SCALE 593 (SUPREME COURT OF INDIA) State of WEST BENGAL and others Appellant Versus Ranbindra Nath Sengupta and others Respondent (Before: G. N. Ray And K. Venkataswami, JJ.) Civil … Continue reading State of WEST BENGAL and others Versus Ranbindra Nath Sengupta and others [ALL SC 1998 MARCH]

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.

Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

Supreme Court of India in Vinay Tyagi vs Irshad Ali @ Deepak & Ors decided on 13 December, 2012 2. The following two important questions of law which are likely to arise more often than not before the courts of competent jurisdiction fall for consideration of this Court in the present appeal : Question No.1 … Continue reading Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession. Article 65, Schedule I of The Limitation Act prescribes limitation of 12 years for a suit … Continue reading Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

Chiranjit Lal Chowdhuri Vs. The Union of India & Ors [ SC 1950 December]

KEYWORDS : Fundamental right of  company-eminent domain- HELD : No one except those whose rights are directly affected by a law can raise the question of the constitutionality of that law. The company and the shareholders are in law separate entities, and if the allegation is made that any property belonging to the company has … Continue reading Chiranjit Lal Chowdhuri Vs. The Union of India & Ors [ SC 1950 December]

HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [4th Set]

1. Consider the following statements: 1. The Preamble of the Constitution of India can be amended by the Parliament up to any extent barring the basic features. 2. The Preamble can be amended only by special majority and ratification by legislatures of 1 (half) the States. 3. The Preamble has no role to play in … Continue reading HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [4th Set]

Gurbaksh Singh Sibbia Versus The State of Punjab [ALL SC 1980 APRIL]

KEYWORDS:- anticipatory bail- AIR 1980 SC 1632 : (1980) 3 SCR 383 : (1980) 2 SCC 565 : (1980) CriLJ SC 1125 (SUPREME COURT OF INDIA) Gurbaksh Singh Sibbia Appellant Versus The State of Punjab Respondent AND Sarbajit Singh and another Appellant Versus The State of Punjab Respondent (Before : Y. V. Chandrachud, C.J.I., P. N. … Continue reading Gurbaksh Singh Sibbia Versus The State of Punjab [ALL SC 1980 APRIL]

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]

Cr.P.C. S.167 Magistrate has to look into facts before granting remand

Cr.P.C. S.167 Magistrate has to look into facts before granting remand: The act of directing remand of an accused is fundamentally a judicial function. The Magistrate does not act in executive capacity while ordering the detention of an accused. While exercising this judicial act, it is obligatory on the part of the Magistrate to satisfy himself … Continue reading Cr.P.C. S.167 Magistrate has to look into facts before granting remand

Pakistan Supreme Court tells police not to arrest suspects on basis of FIR

DATE:- 5/23/2018 Mst. Sughran Bibi … Petitioner versus The State   … Respondent Human Rights Case No. 10842-P of 2018 The Supreme Court on Wednesday ordered police not to arrest straightaway a person only because of the reason that he had been nominated as an accused in an FIR (First Information Report) or in any other version … Continue reading Pakistan Supreme Court tells police not to arrest suspects on basis of FIR

The Companies Act, 2013 [SCHEDULE]

KEYWORDS:- CORPORATE LAW The Companies Act, 2013[CLICK] Schedule I (See sections 4 and 5) Table-A Memorandum of Association of a Company Limited by Shares 1st The name of the company is “…………………………….Limited / Private Limited”. 2nd The registered office of the company will be situated in the State of…………………………….. 3rd (a) The objects to be pursued … Continue reading The Companies Act, 2013 [SCHEDULE]

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]