In criminal trial, the motive alone is not sufficient to convict any person for committing the offence, unless there is presumption of law for convicting the accused on the basis of motive. In the entire Evidence Act or any other statute, there is no ..
In Crl. Appeal No. 4763 of 2008 Dinesh Vs. State of U.P. decided on13.02.2009 , Hon'ble Shiv Charanand Hon'ble Vijay Kumar Verma, JJ. observerved that : "We are surprised to see that the learned trial Judge has imposed fine also on the accused p ..
Prospective accused can not challenge the order passed by the Magistrate under section 156(3) Cr.P.C. allowing the application and directing investigation by the police. This verdict has been passed by hon Vijay Kumar Verma,,J. in Crl. Revision No. 6 ..
In view of the rulings of the Hon'ble Apex Court the legal position regarding summoning of any person as accused u/s 319 Cr.P.C. can be summed up as under: 1. The power u/s 319 Cr.P.C. is not to be exercised mechanically on the ground that some evide ..
The provision for holding of inquest is contained in Section 174 Cr.P.C. Heading of Section is, 'Police to enquire and report on suicide etc.' Sub-Sections (1) and (2) thereof read as under:- 174. Police to enquire and report on suicide, etc. (1) Whe ..
In the case of State of H.P. Vs. Jeet Singh reported in (1999) 4 SCC 370 : (AIR 1999 SC 1293), the Apex Court held that: "No doubt it is a sound principle to remember that every criminal act was done with a motive but its corollary is not that n ..
Powers Of KartaWhen we enumerate the powers of karta, the real importance of his legal position comes into clear relief. His powers are vast and limitations are few. The ambit of his powers can be considered under two heads: - (a) power of alienatio ..
Female Members As KartaThe concept of a “manager” of a Joint Hindu Family has been in existence for more than two thousand years or more. Courts in India have given diverse views: -C.P. Berai v. Laxmi Narayan AIR 1949 Nag 128It was held ..
Should Right To Information Have Been Granted As A Fundamental Right?Introduction:Since June 2005, when Right to Information Act, was passed, it has been hailed as the hallmark of democracy for the reasons that it purports to make, as regards governm ..
Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.Jandhayala Sreeamma v. Krishnavenamma AIR 1957 A.P.434In the case of Hindu Joint Family a suit to set aside on ..
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