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Lawyersclubindia Judiciary

Reasonable doubt must grow out of evidence in the case

 01 August 2008

Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. To constitute reasonable doubt, it must be free from an overemotional response. Doubts must be actual and subs..

Posted in Criminal Law |    hits

GOJER BROS. PVT. LTD.

 01 August 2008

doctrine of merger..

Posted in Civil Law |    hits

Maintenance U/s 125 CrPC should be awarded from date of appl

 31 July 2008

the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. And if he intents to pass such an order, he is required to record reasons in support of such order. ..

Posted in Family Law |    hits

Order of registration of FIR not essential

 31 July 2008

Order of registration of FIR and its investigation by the police is not essential on each and every application under section 156(3) Cr.P.C. ..

Posted in Criminal Law |    hits

There is no parity in rejection of bail.

 31 July 2008

There is no parity in rejection of bail...

Posted in Criminal Law |    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 |    hits

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

 30 July 2008

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Posted in Criminal Law |    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 |    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 |    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 |    hits

M/s. Rescuwear Corporation

 30 July 2008

Settlement Commission Decision..

Posted in Taxation |    hits

.K. Gangadharan & Anr. Vs. CIT

 30 July 2008

principle of res judicata ..

Posted in Taxation |    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 |    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 |    hits

Commissioner of Income-tax

 27 July 2008

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Posted in Taxation |    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 |    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 |    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 |    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 |    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 |    hits








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