The court held that under the principle laid down under section 40 of the evidence act would only be applicable if the suit is found to be barred by the principle of res judicata or by reason of the provisions of any other statute and it does not lay..
Where a sale deed for its immovable property executed by a company in favour of the wives of the directors of the company, is contended to be bogus and collusive, theCourt will be justified in piercing the veil of incorporation to ascertain the true ..
Concerning the question of burden of proof, the Court observed that the Respondents furnished only an affidavit and no other evidence was adduced to support their contentionthat they worked for 240 days in the year preceding the termination, as per S..
The bench was of the view that the prosecution has miserably failed to prove, beyond reasonable doubt, the charge of conspiracy against these appellants with the aid of Section 120-B of IPC. As a result, the appeals were allowed and the impugned judg..
If a decree for judicial separation has been passed, in favour of the husband on the basis of a finding recorded as against a wife under Section 10(1)(f) of the the Hindu Marriage Act, the wife will not be entitled to claim any maintenance under Sect..
In view of the credible and cogent evidence of PW1 and the dying declaration, we find no merit in the present appeal which deserves dismissal, which we direct...
Upon hearing the parties to the case, the Court held that the accused was guilty of the offence under Section 302 IPC. However, the capital punishment awarded by the Sessions Court was set aside and life imprisonment was awarded. The Court further ..
The Court was satisfied with the series of circumstantial evidences and held that the extra judicial confession made by the appellant was proved beyond doubt by the prosecution. The oral statement made by the accused was admissible under Section 17 ..
It was also observed that, even though it has been argued by the Appellant that he was not present at the time of the incident, no plea has been raised and no evidence has been furnished by him support his alibi. The burden of proof to prove his plea..
Hearing the parties to the case the Court held that, the villagers have acquired a customary right to carry on creamation activities in the disputed land. Therefore, the building works commenced in the disputed land must be stopped and removed compl..
Upon verifying the documents submitted by either party to the case, the Court held that, the plaintiff was earning about Rs. 20,000 per acre approximately per annum. Therefore Rs. 1,20,000 is to be paid as damages by the respondents to the plaintiff ..
In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of S..
After hearing the views of the parties, the honourable city civil judge (the trial court) dismissed the petition for divorce by mutual agreement. In an appeal filed by the husband, a learned single judge of the Gujarat High Court, examined all releva..
Section 125 CrPC, is a measure of social justice and has been specifically adopted to protect women and children falls within the constitutional sweep of Article 15(3) reinforced by Article 39...
According to S. 57, if a person is arrested and detained the investigation is to be completed in 24 hours. But, in a case where an investigation cannot be completed in this fixed time period and, there exists sufficient ground for believing that the ..
An inquiry under Section 202 of the Code is not in the nature of a trial for there can be in law only after process is issued to the accused. The said proceedings are not strictly proceedings between the complainant and the accused. A person against ..
Courts may monitor an investigation into an offence when it is satisfied that either the investigation is not being proceeded with or is being influenced by interested persons. Thereby the appeals in this matter was dismissed..
In a fresh and interesting development, the Delhi High Court just recently on May 26, 2020 in a notable judgment titled Court On Its Own Motion vs State Of NCT Of Delhi & Ors in W.P.(C)3250/2020 after taking suo motu cognizance of the grievances face..
In a fresh, welcome and interesting development, the Supreme Court has just recently on July 6, 2020 in a latest, landmark and extremely laudable judgment titled Reepak Kansal vs. Secretary-General, Supreme Court Of India & Ors. in Writ Petition (Civ..
It is good to see that the Supreme Court just recently on June 18, 2020 in a latest, landmark and laudable judgment titled Subhash Sahebrao Deshmukh vs Satish Atmaram Talekar And Others in Criminal Appeal No. 2183 of 2011 has reiterated yet once agai..
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