Whether the omission of the signature of the witness renders the deposition incomplete-NO

13-09-1991- Rules of procedure are not by themselves an end but the means to achieve the ends of justice. Rules of procedure are tools forged to achieve justice and are not hurdles to obstruct the pathway to justice. Construction of a rule of procedure which promotes justice and prevents its miscarriage by enabling the court… Read More Whether the omission of the signature of the witness renders the deposition incomplete-NO

Whether accused having legally obtained certified copy of judgment free of cost in a warrant case u/s 371, Cr.P.C., can file Memo of appeal u/s 419, Cr. P.C. without payment of court-fees on the free copy

11-09-1970 –Yes-This exemption will enure to the benefit of the accused when after obtaining the same he files it before an Appellate Court in order to challenge the judgment. It is not necessary in this case to consider whether such a certified copy will be exempt from court-fees in some other proceeding, or exempt in… Read More Whether accused having legally obtained certified copy of judgment free of cost in a warrant case u/s 371, Cr.P.C., can file Memo of appeal u/s 419, Cr. P.C. without payment of court-fees on the free copy

How to determine whether a Hindu religious endowment is a public or a private one

The references: Dr. Bijan K. Mukherjee on Hindu Law of Religious and Charitable Trust (Tagore Law Lectures, 3rd. ed., 1970); Mulla’s Hindu Law (14th ed.); Ganapati Aiyer’s Hindu Religious Endowment (2nd ed.); Saraswathi Ammal and Another Vs. Rajagopal Ammal, , Saraswathi Ammal and Another Vs. Rajagopal Ammal, , Raj Kali Kuer Vs. Ram Rattan Pandey,… Read More How to determine whether a Hindu religious endowment is a public or a private one

Whether facts of last seen together by itself lead to inference that the accused committed the murder

The circumstance of last seen together does not by itself and necessarily lead to the inference that it was the accused who committed the crime. There must be something more establishing connectivity between the accused and the crime. There may be cases where on account of close proximity of place and time between the event of the accused having been last seen with the deceased and the factum of death a rational mind may be persuaded to reach an irresistible conclusion that either the accused should explain how and in what circumstances the victim suffered the death or should own the liability for the homicide. In the present case there is no such proximity of time and place… Read More Whether facts of last seen together by itself lead to inference that the accused committed the murder

Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.

September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation,? This issue has been considered in the case of Saurabh Kumar through his father Vs. Jailor, Koneila… Read More Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.

Whether prosecution is entitled to produce any person as witness not named in the earlier charge-sheet

If we consider the above legal principles, the order dated 19.02.2008 of the trial Court summoning the witnesses named in the supplementary charge-sheet cannot be faulted with. It is true that after enquiry and investigation charges were framed on 11.03.2004 and thereafter in the course of trial about 21 witnesses were examined. In the meantime, Police submitted supplementary charge-sheet with certain new materials and on the basis of supplementary charge- sheet, the prosecution filed an application on 12.01.2008 in a pending Sessions Trial No. 63 of 2004 to the trial Court for summoning the persons named in the charge-sheet for their examination as prosecution witnesses.… Read More Whether prosecution is entitled to produce any person as witness not named in the earlier charge-sheet

Whether there is any law empowering State or its officials to prohibit or to impose a prior restraint upon press-media

There is no law empowering the State or its officials to prohibit, or to impose a prior restraint upon the press/media. The right to privacy as an independent and distinctive concept originated in the field of Tort law, under which a new cause of action for damages resulting from unlawful invasion of privacy was recognised.… Read More Whether there is any law empowering State or its officials to prohibit or to impose a prior restraint upon press-media

Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

It is an admitted
position that the deceased was the owner-cum-driver of the vehicle in question.
The accident had occurred due to the rash and negligent driving of the vehicle
by the deceased. No other vehicle was involved in the accident. The deceased
himself was responsible for the accident. The deceased being the owner of the
offending vehicle was not a third party within the meaning of the Act. The
deceased was the victim of his own action of rash and negligent driving. A
Claimant, in our view, cannot maintain a claim on the basis of his own fault or
negligence and argue that even when he himself may have caused the accident
on account of his own rash and negligent driving, he can nevertheless make the
insurance company to pay for the same. Therefore, the respondents being the
LRs of the deceased could not have maintained the claim petition filed under
Section 166 of the Motor Vehicles Act.… Read More Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

Whether by virtue of Article 105 of the Constitution a Member of Parliament can claim immunity from prosecution

When cognizance of the charges against them was taken. Buta Singh and N. M. Ravanna (accused Nos. 7 and 9) were not public servants. The question of santion for their prosecution, does not, therefore, arise and the trial on all charges against them must proceed.… Read More Whether by virtue of Article 105 of the Constitution a Member of Parliament can claim immunity from prosecution