Criminal Procedure Code, 1973 - Bail - Grant of— bail granted to the respondent-dentist — under challenge — seven assailants came in a Maruti Van and assaulted Prof. T.J. Jacob and chopped off his right palm. The role attributed to the respondent is ..
Motor accident claim - Meaning of Third party - Any party, which is not a contracting party to the policy of insurance will automatically be referred to and called as a third party because it is neither the first party (the insurer) nor the second p..
HOW TO PROCEED WHEN CAUSE OF ACTION IS OUT SIDE INDIA 498A CASES..
Daughter in Law of the deceased is one among the family members for the purpose of compassionate appointment..
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The facts leading to the filing of the present appeals are that the Respondent-company undertakes various music projects in India and under these projects it enters into agreements with reputed artists for composing and recording musical works. The m..
The appellant-company, previously known as M/s. Eicher Limited –unit Royal Enfield Motors, are manufacturing motorcycles falling under Chapter 87 of the Central Excise Tariff Act, 1985. The issue relates to non-inclusion of the value of packing charg..
Nemo moriturus praesumitur mentire; i.e. a man will not meet his Maker with a lie in his mouth. A dying man is face to face with his Maker without any motive for telling a lie. 23. Truth said Mathew Arnold, sits upon the lips of a dying man . 24...
To prove quilt of an accused person by circumstantial evidence. They are:- (1) The circumstance from which tile conclusion is drawn should be fully proved; (2) the circumstances should he conclusive in nature; (3)all the facts so established should..
Though dying declaration is indirect evidence being a specie of hearsay, yet it is an exception to the rule against admissibility of hearsay evidence. Indeed, it is substantive evidence and like any other substantive evidence requires no corroboratio..
“The opinion given by a medical witness need not be the last word on the subject. Such an opinion shall be tested by the court. If the opinion is bereft of logic or objectivity, the court is not obliged to go by that opinion. After all opinion is wha..
In our opinion, when a report is submitted to the Magistrate he is required to be prima facie satisfied that the facts disclosed therein constitute an offence. It is trite that the Magistrate is not bound by the conclusion of the investigating agency..
Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh punishment. Unfortunately, what is happening in our society is that ou..
The Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954..
That there is a long mental distance between `may be true' and `must be true' and the same divides conjectures from sure conclusions; [see Tanviben Pankajkumar Divetia v. State of Gujarat1]. ..
In the deposition of witnesses, there are always normal discrepancies, howsoever, honest and truthful they may be. These discrepancies are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition, s..
`The proceedings under Section 174 have a very limited scope. The object of the proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death. The q..
The essential ingredients to prove guilt of an accused person by circumstantial evidence are: (1) the circumstances from which the conclusion is drawn should be fully proved; (2) the circumstances should be conclusive in nature; (3) all the facts so..
. It is very surprising that a doctor who admittedly did not treat a patient during her life time would be called upon to certify the fitness of the patient to make a dying declaration when other doctors who treated the said patient were available fo..
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