Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in the complaint constitute any offence under any penal law for the time being in force, then only, the learned Magistrates are empowered to… Read More Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance
The ownership in the stamp-papers passes to the stamp vendor when the treasury officer delivers the stamp papers on payment of price less discount. The stamp rules themselves contemplates that what the licensed vendor does, while taking delivery of the stamp papers from the government offices, is purchasing the stamp papers. The stamp paper vendors… Read More Whether ownership in stamp papers passes to stamp vendor when treasury officer delivers stamp papers on payment of price
It is apparent from the definition that it is necessary that property or valuable security so as to constitute dowry must be given “as consideration for the marriage” The word “consideration” is not defined in the Act. The meaning of the word “consideration” as per Chambers’ 20th Century Dictionary 1969, Revised Edition reprinted in 1969… Read More What is dowry and whether demand of articles made and met after marriage constitute dowry
12-07-2005-We find sufficient force in the alternative contention advanced on behalf of wife Alagammal and her children that doctrine of constructive res judicata, as contained in explanation IV to Section 11 of the Code certainly, can be invoked against the present appellant, who claims by a purchase from Muthuswami. Explanation IV to Section 11 of… Read More If issue of title neither expressly nor substantially involved in former suit then whether the judgment operates as res judicata in a next suit.
26-04-1973-The judgment clearly suggests that it was open to agitate the matter before the High Court hearing the petition on the basis of Section 57. But the point was not pressed and must be deemed to have been given up. That was why this Court did not allow the point to be raised in appeal. In these circumstances it is not open to re-agitate it between the parties in a subsequent proceeding.
07-10-1964-There can be no doubt that the fundamental rights guaranteed to the citizens are a significant feature of our Constitution and the High Courts under Art. 226 are bound to protect these fundamental rights. There can also be no doubt that if a case is made out for the exercise of its jurisdiction under Art. 226 in support of a citizen’s fundamental rights, the High Court will not hesitate to exercise that jurisdiction. But the question as to whether a citizen should be allowed to challenge the validity of the same order by successive petitions under Art. 226, cannot be answered merely in the light of the significance and importance of the citizens’ fundamental rights. The general principle underlying the doctrine of res judicata is ultimately based on considerations of public policy. One important consideration of public policy is that the decisions pronounced by courts of competent jurisdiction should be final, unless they are modified or reversed by appellate authorities; and the other principle is that no one should be made to face the same kind of litigation twice over, because such a process would be contrary to considerations of fair play and justice, vide : Daryao and Others Vs. The State of U.P. and Others, .… Read More Whether the principle of constructive res judicata is applicable to writ petitions or not-Yes
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
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
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
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
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.
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
It further observed that when defective investigation comes to light during course of trial, it may be cured by further investigation, if circumstances so permitted. … Read More Whether the Sessions Judge could order for further investigation- No
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
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