Supreme court in State of Rajasthan Versus Shera Ram @ Vishnu Dutta (2011) 13 SCALE 140 There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the PRESUMPTION of innocence of the accused is further … Continue reading Where the prosecution evidence points to the guilt of the accused and the judgment is on the face of it perverse, appeal court may interfere with an order of acquittal
It is well settled that where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner, vide Chandra Kishore Jha vs. Mahavir Prasad, AIR 1999 SC 3558 (para 12), Dhananjaya Reddy vs. State of Karnataka, AIR 2001 SC … Continue reading Where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner, and in no other manner
It is of course a settled legal proposition that in a case where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed. In Medchl Chemicals & Pharma Ltd. v. Biological E. Ltd. and Ors. AIR 2000 SC 1869 this Court observed that a criminal complaint … Continue reading Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.
Fraud/Misrepresentation: It is settled proposition of law that where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law. “Fraud avoids all judicial acts ecclesiastical or temporal.” (Vide S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by L.Rs. and … Continue reading Where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law
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.
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
Supreme Court of India in Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors[25 March, 2008] (a) Where a cloud is raised over plaintiff’s title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Where the plaintiff’s title is not in dispute … Continue reading Suit for bare injunction without declaratory relief, will be maintainable where the issue relating to title is clear
In Jayaswamy Vs. State of Karnataka[[Criminal Appeal No. 1022 of 2011] decided on June 01, 2018 It is by now well settled that the Appellate Court hearing the appeal filed against the judgment and order of acquittal will not overrule or otherwise disturb the Trial Court’s acquittal if the Appellate Court does not find substantial and … Continue reading In a case where admissible evidence is ignored, a duty is cast upon the appellate court to reappreciate the evidence in a case where the accused has been acquitted
Supreme Court in the case of Allahabad Bank & Ors. v. Krishna Narayan Tewari [Civil Appeal No.7600 of 2014], it was held that the though “it is true that a writ court is very slow in interfering with the findings of facts recorded by a Departmental Authority on the basis of evidence available on record”, … Continue reading Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere
State of Uttar Pradesh & Anr. v. Jagdish Sharan Agrawal & Ors., (2009) 1 SCC 689
State of Karnataka v. Shivanna, (2014) 8 SCC 913 Directions issued bySupreme Court in form of mandamus to all police stations’ “2. While we propose to consider this matter on merits after service of notice to the respondent-accused, we feel acutely concerned as to why the Union of India should not take initiative and steps … Continue reading Category of cases where the trial is required to be fast tracked.
Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused … Continue reading Whether a Court can pass an interim order not to arrest the applicant, where an application under Section 438 of the Code is pending disposal.
As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there … Continue reading Cases where Preliminary Inquiry is required
02-01-2017 Keywords: Disciplinary enquiry-Natural justice-Non application of mind The writ court will certainly interfere with disciplinary enquiry or the resultant orders passed by the competent authority on that basis if the enquiry itself was vitiated on account of violation of principles of natural justice, as is alleged to be the position in the present case. … Continue reading Where the Disciplinary Authority records a finding unsupported by any evidence or a finding which no reasonable person could have arrived at, the writ court would be justified and grant relief in appropriate cases.
M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. VS KANCHAN MEHTA[05-10-2017] held : In JIK Industries Ltd. vs Amarlal Jumani — which required consent of the complainant for compounding Vinay Devanna Nayak v. Ryot Sewa —nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable. R. Vijayan v. Baby (2012) 1 SCC 260—Section … Continue reading How proceedings for offence under Section 138 of Negotiable Instrument Act can be regulated where accused is willing to deposit cheque amount
Epileptic Psychosis is a progressing disease and its effects have appropriately been described in the text book of Medical Jurisprudence and Toxicology by Modi, 24th Ed. 2011 where it states as follows: Epileptic Psychosis. – Epilepsy usually occurs from early infancy, though it may occur at any period of life. Individuals, who have had epileptic … Continue reading What is Epileptic Psychosis
KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]
The penal laws in India are primarily based upon certain fundamental procedural values, which are right to fair trial and PRESUMPTION of innocence. A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such PRESUMPTION which could be interfered … Continue reading A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such presumption
It is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty. It is equally well settled that suspicion howsoever strong can never take the place of proof. There is indeed a long distance between accused ?may have committed the offence? and … Continue reading There can only be one set of rules and standards when it comes to trials and judgment in criminal cases unless the statute provides for any special application.
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.
Fake news and false stories are responsible for Mob Violence Lynching and mob violence are creeping threats that may gradually take the shape of a Typhon-like monster as evidenced in the wake of the rising wave of incidents of recurring patterns in India by frenzied mobs across the country instigated by intolerance and misinformed by … Continue reading In case of Mob Lynching register FIR under Section 153A of IPC
AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but in what way is this control exercisable by the legislature? (SUPREME COURT OF INDIA) U. N. R. Rao Appellant Versus Smt. indira Gandhi … Continue reading U. N. R. Rao Vs Smt. Indira Gandhi [ALL SC 1971 MARCH]
The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content. … Continue reading What is the meaning of “Office”
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held Supreme Court in the case of Kesavananda Bharati,it was held by majority that the power of amendment of the Constitution contained in Article 368 does not permit altering the basic structure of the Constitution. All the seven Judges who constituted the majority were … Continue reading How to decide Election Dispute?