We cannot accept the contention that in a matter involving seizure of commercial quantity of a substance prohibited by the NDPS Act when the Public Prosecutor appears on notice of the bail application he would be standing there as a mute spectat..
Section 498A. Explained...
legal question that needs to be considered by us is: Whether the appellant insurance company could be held liable to pay the amount of compensation for the default of the scooterist who was not holding licence for driving two wheeler scooter but had..
Issuance of mandamus to the U.P. state to set up a human rights commission in the state as well as designate a sessions' court in every district as a human rights court under the protection of human rights act. ..
The Supreme Court categorically ruled that as the apex professional body the Bar Council of India is concerned with the standards of the legal profession and the equipment of those who seek entry into that profession. The Court further upheld the BC..
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..
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..
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...
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..
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 ..
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..
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..
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..
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..
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..