There is no parity in rejection of bail.

 31 July 2008

There is no parity in rejection of bail.

Posted in Criminal Law |    0 comments |    hits


Appeal against acquittal Reversal for compeling reason only

 30 July 2008

Presumption of innocence of accused is reinforced by an order of the acquittal. The appellate court could have interfered only for very substantial and compelling reasons.

Posted in Criminal Law |    0 comments |    hits


"falsus in uno falsus in omnibus" not applicabtion in Indi

 30 July 2008

Posted in Criminal Law |    0 comments |    hits


"falsus in uno falsus in omnibus" not applicable in India

 30 July 2008

"falsus in uno falsus in omnibus" has no application in India. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent

Posted in Criminal Law |    0 comments |    hits


Witness can be recalled at any stage

 30 July 2008

S. 311 is a general section which applies to all proceedings, enquiries and trials under the Code and empowers the Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. In Section 311 the significant

Posted in Criminal Law |    0 comments |    hits


Right to cross examine the witness called by court

 30 July 2008

If a witness called by the court gives evidence against the complainant, he should be allowed an opportunity to cross-examine. The right to cross-examine a witness who is called by a court arises not under the provisions of Section 311, but under the

Posted in Criminal Law |    0 comments |    hits


M/s. Rescuwear Corporation

 30 July 2008

Settlement Commission Decision

Posted in Taxation |    0 comments |    hits


.K. Gangadharan & Anr. Vs. CIT

 30 July 2008

principle of res judicata

Posted in Taxation |    0 comments |    hits


JAGDISH SINGH Vs. Madhuri Devi

 30 July 2008

if the appraisal of the evidence by the trial court suffers from a material irregularity or is based on inadmissible evidence or on a misreading of the evidence or on conjectures and surmises the appellate court is entitled to interfere

Posted in Family Law |    0 comments |    hits


RIGHT TO FLY NATIONAL FLAG

 29 July 2008

Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiment

Posted in Constitutional Law |    0 comments |    hits


Commissioner of Income-tax

 27 July 2008

Posted in Taxation |    0 comments |    hits


whether or not time was of the essence of the contract

 27 July 2008

HIND CONSTRUCTION CONTRACTORS PETITIONER: Vs. THE STATE OF MAHARASHTRA RESPONDENT

Posted in Others |    0 comments |    hits


Fraud upon court

 26 July 2008

parties playing fraud up-on court are to be thrown outside court at any stage of proceedings

Posted in Civil Law |    0 comments |    hits


DEATH PENALTY VS. LIFE IMPRISONMENT

 26 July 2008

When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalt

Posted in Criminal Law |    0 comments |    hits


eye witnesses Vs Medical Evidence

 24 July 2008

It is trite that where the eyewitnesses' account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive. Witnesses, as Bentham said, are the eyes and ears of justice. Hence the importa

Posted in Criminal Law |    0 comments |    hits


Dowry Death - When to raise presumption

 24 July 2008

The explanation to Section 113-A further clarifies that cruelty shall have the same meaning as in Section 498-A of the IPC. Under Section 113-A of the Evidence Act, the prosecution has first to establish that the woman concerned committed suicide wi

Posted in Criminal Law |    0 comments |    hits


Right to have Reasoned Order

 24 July 2008

Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against hi

Posted in Civil Law |    0 comments |    hits


depravated acts of the accused calls for only death sentence

 24 July 2008

The depravated acts of the accused i.e., committing rape and killing of girl of 5 yeaqrs, calls for only one sentence i.e., death sentence

Posted in Criminal Law |    0 comments |    hits


Appointment of Public Prosecutor by different state

 24 July 2008

State Government, within whose jurisdiction trial of criminal case takes place whether on transfer or otherswise, alone competent to appoint Public Prosecutor to conduct the case. The State Government from which state the case is transferred has no

Posted in Criminal Law |    0 comments |    hits


not mandatory for accused to be witness in NI Act SC

 23 July 2008

An accused for discharging the burden of proof placed upon him under a statute need not examine himself. He may discharge his burden on the basis of the materials already brought on records. An accused has a constitutional right to maintain silence.

Posted in Criminal Law |    0 comments |    hits










×

  LAWyersclubindia Menu