Justice is a principle which regulates the distribution of things, valued by men awarding them to some, denying them to others. It is, at the same time, a principle whereby each man’s worth is appraised. Justice gives to “every one that which is his.” It is not a free gift from the Court.
To constitute “instigation”, a person who instigates another has to provoke, incite, urge or encourage doing of an act by the other by “goading” or “urging forward”. Section 306 of the IPC […]
In the case of Girdhar Shankar Tawade vs. State of Maharashtra (2002) 5 SCC 177, this Court gave a succinct enumeration of the object and ingredients of Section 498-A, IPC, when it […]
A conviction would be valid even if there is any omission or irregularity in the charge, provided it did not occasion a failure of justice. (2011) 1 SCALE 114 : (2011) […]
Arun Kumar Aggarwal Versus State of Madhya Pradesh and Others -Scope of the expression ‘direction’ issued by the Court AIR 2011 SC 3056 : JT 2011 (10) SC 167 : (2011) 9 SCALE 608 […]
While the expression ‘law and order’ is wider in scope inasmuch as contravention of law always affects order. ‘Public order’ has a narrower ambit, and public order could be affected by only such contravention which affects the community or the public at large.
where a will is charged with suspicion, the rules enjoin a reasonable scepticism, not an obdurate persistence in disbelief. They do not demand from the Judge, even in circumstances of grave suspicion, a resolute and impenetrable incredulity. He is never required to close his mind to the truth
The one category of offences which is specifically exempted from the rigour of Section 313(1)(b) of the Code is “Summons cases”. It must be remembered that every case in which the offence triable is punishable with imprisonment for a term not exceeding two years is a “summons case”
The following principles emerge with regard to Section 164 Code of Criminal Procedure.: (i) The provisions of Section 164 Code of Criminal Procedure must be complied with not only in form, but […]
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 […]
In Ramnik Vallabhdas Madhvani and others Versus Taraben Pravinlal Madhvani[AIR 2004 SC 1084 : (2003) 5 Suppl. SCR 230 : (2004) 1 SCC 497 ] “goodwill”, as Lord Machaghten described ‘a thing very easy […]