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… Read More 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… Read More 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… Read More 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… Read More 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… Read More 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… Read More 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… Read More 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… Read More 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”,… Read More 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… Read More 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… Read More 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… Read More 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.… Read More 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… Read More How proceedings for offence under Section 138 of Negotiable Instrument Act can be regulated where accused is willing to deposit cheque amount