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Judgments and Orders

Case Analysis of: Kalawati vs. Maharashtra

 17 July 2020

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...

Posted in Others |   1135 hits

Where in a case of murder, the FIR given by the accused contained confession as well as incriminating facts, it was held to be not admissible in evidence

 17 July 2020

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 ..

Posted in Criminal Law |   1705 hits

Section 17: Sahoo v. State of UP

 17 July 2020

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 ..

Posted in Others |   16009 hits

The burden of proof lies on the accused to show that he/she was not present at the scene of crime

 17 July 2020

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..

Posted in Others |   823 hits

Section 13- Lakshmidhar Misra v. Rangalal

 16 July 2020

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..

Posted in Constitutional Law |   1302 hits

Section 12- Shaikh Gafoor S/O Shaikh Lal vs State of Maharashtra And Ors

 16 July 2020

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 ..

Posted in Constitutional Law |   3445 hits

[Motor Vehicles Act] Person In Whose Name Vehicle Stands Registered On The Date Of Accident To Be Treated As Owner: SC

 16 July 2020

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..

Posted in Others |   747 hits

Unilateral withdrawal of mutual consent after time limit has elapsed

 15 July 2020

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..

Posted in Others |   1957 hits

A measure of social justice specially enacted to protect and inhibit neglect of women, children, the old and infirm, and falls within the Constitutional sweep of Article 15(3) reinforced by Article 39

 14 July 2020

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...

Posted in Others |   1097 hits

Provision: Procedure when Investigation cannot be completed in 24 hours

 14 July 2020

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 ..

Posted in Others 1 comments |   1680 hits

Provision: Postponement of issue of process by any Magistrate

 13 July 2020

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 ..

Posted in Others |   1080 hits

Re-investigation under article 226 and s.482 CrPC

 13 July 2020

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..

Posted in Constitutional Law |   3114 hits

Delhi HC Takes Suo Motu Cognizance Of Video About Failure Of COVID-19 Helplines And Issues Directions To Delhi Government And Centre

 11 July 2020

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..

Posted in Others |   774 hits

Registry Is Part And Parcel of The System: SC

 11 July 2020

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..

Posted in Others 1 comments |   838 hits

Accused Is Entitled To Be Heard In A Revision Petition Against Dismissal Of Protest Petition: SC

 11 July 2020

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..

Posted in Others |   1625 hits

Social evil of sex-selective abortion and the grave need to undertake measures to resolve the same

 11 July 2020

The Court finally held that, when a female foetus is destroyed through artificial means which is legally impermissible, the dignity of life of a woman to be born is extinguished. It corrodes the human values. The Legislature has brought a complete co..

Posted in Criminal Law |   1137 hits

Need for guidelines to prevent sexual harassment at workplace

 11 July 2020

Whether there was a need to consider settled law and guidelines with regard to prevention of sexual harassment at workplace?..

Posted in Others |   1098 hits

Whether the State and Medical Practitioners have a legal obligation to save lives under Article 21 of the Constitution

 11 July 2020

The petitioners contended that, Article 21 not only guarantees right to life to the citizens but also cast an obligation upon the State to protect the same. Further the Code of medical ethics also specifies the Practitioners to take all measures to ..

Posted in Constitutional Law |   991 hits

When a marriage has literally become a ‘deadwood’, divorce is the only viable option before the court

 11 July 2020

The facts and circumstances of the case show that recovery is impossible. There is no doubt that the applicants and the accused have lived separately for the past 14 years. It is also true that a good part of the lives of both sides were involved in ..

Posted in Family Law |   1786 hits

Whether right to sexual orientation is a part of Article 21 of the Constitution

 10 July 2020

Upon hearing the parties, the Court held that, sexual orientation is inextricable facet of Article 21 and thus it cannot be violated. The Court also gave directions for the recognition of the transgender community. Some of the notable directions in..

Posted in Constitutional Law |   1272 hits