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What are Justifications, Excuses, and Mitigating Factors in Crimes

advtanmoy 10/07/2018

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 only. Suppose in case of […]

Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

advtanmoy 26/06/2018

(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be applied to an Arbitration Award under the 1996 Act for the simple reason that the Arbitration Award under the 1996 Act does not attain the status or character […]

When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.

advtanmoy 26/06/2018

(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal fiction that the “award” of the Lok Adalat is a Decree of a civil court. In the case on hand, the question posed for consideration before the High […]

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

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