Dying Declaration

 12 May 2008

In this case there were two dying declarations though one was made before the Magistrate. But the forensic expert opinion which remained unimpeached raised doubt as regards the condition of the deceased to make a voluntary and truthful statement. Aft

Posted in Criminal Law |    0 comments |    hits


Equal pay for equal work

 12 May 2008

The Supreme Court by affirming the order of Allahabad High Court held that when persons are discharging same functions and duties there is no reason to refuse some benefits to some of them and treat them differently. The Government of India granted v

Posted in Labour & Service Law |    0 comments |    hits


Presumption of joint family

 12 May 2008

In a suit for partition, the court has observed: The fact that persons were residing together or processing some cultivating lands jointly, by itself would not give rise to a presumption that there existed a joint family fund having a joint nucleus.

Posted in Family Law |    0 comments |    hits


Powers of Appellate Courts

 12 May 2008

The Supreme Court has identified the powers of appellate courts while dealing with an appeal against an order of acquittal thus: - 1. An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acqui

Posted in Constitutional Law |    0 comments |    hits


Criminal cases are decided on facts and evidence

 12 May 2008

The Supreme Court in Sayarabano @ Sultanabegum v. State of Maharashtra, Cr. App. No. 141 of 2006 dismissed the appeal filed by the appellant against her conviction under S.302 IPC on the charge of murdering her daughter-in-law by burning. Though the

Posted in Criminal Law |    0 comments |    hits


Presumption of marriage is rebuttable

 12 May 2008

When Section 50 read with Section 114 of the Indian Evidence Act, 1872, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of particular case. Th

Posted in Family Law |    0 comments |    hits


Intention and Recklessness - Distinguished

 12 May 2008

The Supreme Court in Naresh Giri v. State of M.P. in App. No. 1530/2007 distinguished the mental state required under section 302 IPC from the one required under section 304A IPC. It was a case wherein the driver of a bus, which was hit by a train in

Posted in Criminal Law |    0 comments |    hits


Delay is no ground for refusing amendment of pleadings

 12 May 2008

While allowing the prayer for amendment of the written statement by setting aside the order of Special Court (Trial of offences relating to Transactions in Securities) the Court observed thus: (i) delay is no ground for refusal of prayer for amendm

Posted in Civil Law |    0 comments |    hits


Appeal against a consent decree is not maintainable

 12 May 2008

Two important issues involved in this case are (i) whether the appeal against the consent decree is maintainable? And (ii) whether the compromise statement of the appellant’s counsel and respondent’s counsel recorded by the court is a valid compromis

Posted in Civil Law |    0 comments |    hits


Judgment-meaning

 12 May 2008

The Supreme Court explained the meaning and content of judgment thus:- "The declaration by a judge of his intention of what his 'judgment' is going to be, or a declaration of his intention of what final result it is going to embody, is not a judgeme

Posted in Others |    0 comments |    hits


Dying declarations in dowry death cases

 12 May 2008

The Supreme Court detailed the admissibility of dying declaration thus: “Normally, the court places reliance on the medical evidence for reaching the conclusion whether the person making a dying declaration was in a fit state of mind, but where the

Posted in Criminal Law |    0 comments |    hits


what is limitation for use of NJS stamp paper

 11 May 2008

Appellants: Thiruvengada Pillai Vs. Respondent: Navaneethammal and Anr. Hon'ble Judges: R.V. Raveendran and P. Sathasivam, JJ.

Posted in Legal Documents |    0 comments |    hits


Scale of Pay-Equal ytreatment to all employees

 17 April 2008

Thus, the Corporation cannot put forth financial loss as a ground only with regard to a limited category of employees. It cannot be said that the Corporation is financially sound insofar granting of revised pay scales to other employees, but finds fi

Posted in Labour & Service Law |    0 comments |    hits


Question of bias in domestic enquiry

 17 April 2008

The very fact is that the disciplinary committee who found the respondent(herein) guilty participated in decision making process for finding the respondent(herein) guilty and to dismiss him from service is bias which is apparent & real.

Posted in Labour & Service Law |    0 comments |    hits


Section 14(1)(e) of Delhi Rent Control Act, partly struck down

 17 April 2008

Posted in Property Law 1 comments |    hits


No limitation for use of stamp paper

 14 April 2008

No impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document

Posted in Property Law |    0 comments |    hits


Important question regarding right to information raised

 10 April 2008

Important question regarding right to information raised

Posted in Others |    0 comments |    hits


Circumstances - when compromise decree inexcutable

 10 April 2008

Circumstances - when compromise decree inexcutable

Posted in Civil Law |    0 comments |    hits


Circumstances - when compromise decree inexcutable

 10 April 2008

Circumstances - when compromise decree inexcutable

Posted in Civil Law |    0 comments |    hits


Order passed under Section 156(3) Cr.P.C. can't be challenge

 10 April 2008

Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused.

Posted in Criminal Law |    0 comments |    hits










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