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Judgments and Orders

K K Velusamy Vs N Palanisamy: Consideration Of Call Recordings Is A Relevant Fact, And Admitting Them As Evidence Under Section 151 Of CPC Is Permissible

 13 July 2021

A suit for specific performance of a contract was filed by the respondent. The contract was entered into by him and the appellant for a consideration...

Posted in Others |   6624 hits

The State Of Uttar Pradesh And Ors Vs Dr Manoj Kumar Sharma: Unnecessary Summoning Of The Public Officers Is Strongly Condemnable

 13 July 2021

A public officer should not be summoned to the Court unnecessarily and forced to work on the orders of the Court. The writ petitioner is not entitled to any back wages or transfer as he approached the Court after years and also delayed the proceeding..

Posted in Others |   1373 hits

Is Forced Vaccination Against the Fundamental Rights?

 13 July 2021

In a daring, determined, dedicated and diligent judgment titled Registrar General, High Court of Meghalaya Vs State of Meghalaya in PIL No. 6/2021 delivered just recently on 23 June 2021, the Meghalaya High Court has observed without mincing any word..

Posted in Others |   1180 hits

Delhi HC on Introduction of UCC in India

 13 July 2021

While observing clearly, cogently, categorically and convincingly that the hope expressed under Article 44 of the Constitution should not remain a ‘mere hope’, the Delhi High Court in a latest, learned, laudable and landmark judgment titled Satprakas..

Posted in Others |   979 hits

Nusli Neville Wadia Vs Ivory Properties And Ors: The Expression “jurisdiction” Does Not Include The “Question Of Limitation” U/S. 9A of CPC (Maharashtra Amendment) Act, 2018

 12 July 2021

The Matter had been referred to by the Division Bench of this Court, doubting the correctness of the decision in Foreshore Cooperative Housin.g Society Limited v. Praveen D. Desai (Dead)...

Posted in Others |   3063 hits

Vinod Kumar Vs Union Of India: Dismissal Of Earlier S. 482 CrPC Petition Does Not Preclude The Later Petition Under The Same Section

 12 July 2021

The Supreme Court emphasised that the dismissal of an earlier Section 482 CrPC petition does not preclude the filing of a later petition under Section 482, provided the facts warrant it while dismissing a writ petition filed by an IAS Officer...

Posted in Others |   2384 hits

The Principal, Sabari PTB Smaraka HSS Vs Additional Registering Authority: Display Of Court’s Name Is A Violation Of The Motor Vehicles Act

 12 July 2021

The question raised before the court was whether the action was taken in pursuance of the directions issued in a judgment dated 28.10.2019...

Posted in Others |   791 hits

Rakesh Vs State Of UP: Recovery Of The Weapon Used In The Conduct Of The Cime Is Not A Sine Qua Non For Convicting An Accused

 12 July 2021

Rakesh V. State of UP- In the case, a conviction was brought in accordance with Sections 302 and 34 (which prohibit the killing of a group of individuals whose common purpose is to do a criminal act, each person has the same responsibility for the be..

Posted in Others |   2153 hits

Rehena Khatoon Vs Jargis Hossain: Wife Entitled To Maintenance U/s 125 Of CrPC Even If She Unilaterally Divorced Her Husband And Is Unable To Maintain Herself

 09 July 2021

The wife is entitled to maintenance under Section 125 of the Criminal Procedure Code even if she unilaterally divorces her husband if she is unable to maintain herself. ..

Posted in Others |   1677 hits

Sudhir Chaudhary Vs State & Another: The Inquiry Or The Investigation Is Mandatory Before The Issuance Of Summons

 08 July 2021

The question raised for consideration in the present revision petition was whether the respondent has duly conducted the inquiry as mandated u/s 202(1) Cr.PC, before proceeding to summon the accused...

Posted in Others 2 comments |   1314 hits

Loknath Vs Kiya Bai: Widow Losses Her Right Over Deceased Husband’s Property On Remarriage

 08 July 2021

The case deals with the case of a second appeal from the plaintiff regarding a woman’s right on her deceased husband’s property after re-marriage...

Posted in Others |   1535 hits

R Janakiammal Versus S K Kumarasamy(Deceased)

 07 July 2021

The Supreme Court stated in a ruling that even if a Hindu joint family is partitioned, it can revert back and reunite to maintain the status of a joint family...

Posted in Others |   3190 hits

Ajay Nogare Vs State Of Madhya Pradesh: Accused�s Right To Secure Evidence To Lead At Appropriate Stage Of Trial Is Not Unreasonable

 07 July 2021

The Miscellaneous Criminal Case was filed by the Applicant, Ajay Nogare, under Section 482 of CrPC challenging the Trial Court’s verdict that dismissed his application. Through the said application, Ajay sought for call records and CCTV footage for e..

Posted in Others |   1091 hits

G Mohan And Ors Vs State Of Tamil Nadu And Ors

 05 July 2021

The 2019 Act was determined to be a legitimate legislative exercise consistent with and within the four corners of Article 254 of the Indian Constitution by a bench of Justices AM Khanwilkar and Dinesh Maheswari...

Posted in Others |   2470 hits

Sunderan Vs Sub-Inspector Of Police - Mitigation of Sentence Due to Delay in Disposition of the Case

 05 July 2021

The Supreme Court imposed a Rs. 2000/- fine under the Indian Penal Code on a bus driver (appellant) for a 26-year-old accident caused by rash driving and negligence...

Posted in Others 1 comments |   1322 hits

Prakashchandra Joshi Vs Kuntal Prakashchandra Joshi And Others: Wife Wishing To Stay Abroad For A Career Would Not Amount To Cruelty And Desertion

 03 July 2021

In this case, the appellant filed an appeal in the high court seeking divorce on the grounds of cruelty and desertion. The question raised before the court was whether a wife wishing to stay abroad for a career would not amount to cruelty and deserti..

Posted in Others |   1279 hits

The Assistant General Manager, SBI Vs S Saradamani And Ors: Law Of Limitation Merely Bars Judicial Remedy, Substantive Right Remains

 02 July 2021

This case deals with the Petitioner’s plea against the order passed by the Central Administrative Tribunal which held that recovery of an amount before the term of 3 years from the date on which the mistake was discovered is barred by limitation. ..

Posted in Others |   1274 hits

Shaik Ahmed Vs State Of Telangana: The Court Analysed The Ingredients Of Section 364A IPC

 30 June 2021

The questions raised before the court were What are the essential elements of Section 346A that the prosecution must prove beyond a reasonable doubt to secure an accused's conviction under Section 364A IPC? ..

Posted in Others |   4837 hits

Basheer C K Vs Kozhikode Corporation & Ors: Kerala HC Invokes The Doctrine Of Desuetude

 30 June 2021

Basheer C.K., the petitioner, was aggrieved by a notification issued by the Kozhikode Corporation, which demanded that certain deficiencies to be rectified before issuing a building permit. The petition, on the other hand, stated that these defects w..

Posted in Others |   1290 hits

Ramappa Vs The State Of Karnataka (2021): Maintainability Of An Anticipatory Bail Application Cannot Be Challenged Citing Pendency Of Section 41A Notice

 29 June 2021

In this case, the question before the court was on the maintainability of the plea seeking anticipatory bail. Petitioner applied for bail. The petitioner's counsel claims that if a police officer believes the petitioner should be arrested, he must re..

Posted in Others 2 comments |   1897 hits