No Bar In Dismissing ‘Admitted’ Writ Petition On Ground Of Alternative Remedy, Reiterates SC
No Bar In Dismissing ‘Admitted’ Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment] BY: ASHOK KINI22 Nov 2019 4:29 PM The Supreme Court has reiterated that after…
COFEPOSA: Detention Order Can Be Passed Even If A Person Is In Judicial Custody
COFEPOSA: Detention Order Can Be Passed Even If A Person Is In Judicial Custody: SC [Read Judgment] BY: ASHOK KINI22 Nov 2019 5:56 PM The Supreme Court has observed that…
Hindu Succession Act, 1956 – Sections 4, 6 and 8 – Ancestral property – Suit for declaration and possession – It is settled law that the Grand – daughter cannot be treated as an heir so as to have a share in the suit property – Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH RADHA BAI — Appellant Vs. RAM NARAYAN AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal No.…
Transferee Pendente Lite Has Locus Standi To File Application At The Stage Of Order IX Rule 13 CPC For substitution.
Transferee Pendente Lite Has Locus Standi To File Application At The Stage Of Order IX Rule 13 CPC: SC [Read Judgment] BY: ASHOK KINI18 Aug 2019 11:28 AM “Observations of…
Right To File Regular Appeal Cannot Be Curtailed Merely Because Application To Set Aside Ex-Parte Decree Was Dismissed. heldBut where the defendant has been pursuing the remedy bona fide under Order IX Rule 13 CPC, if the court refuses to condone the delay in the time spent in pursuing the remedy under Order IX Rule 13 CPC, the defendant would be deprived of the statutory right of appeal.
Right To File Regular Appeal Cannot Be Curtailed Merely Because Application To Set Aside Ex-Parte Decree Was Dismissed: SC [Read Judgment] BY: ASHOK KINI21 Nov 2019 6:07 PM But where…
Section 376 R/w 511 IPC: Offence Of Attempt To Rape Can Be Attracted Even If Accused Had Not Undressed Himself held “The attempt to commit an offence begins when the accused commences to do an act with the necessary intention.”
Section 376 R/w 511 IPC: Offence Of Attempt To Rape Can Be Attracted Even If Accused Had Not Undressed Himself: SC [Read Judgment] BY: LIVELAW NEWS NETWORK20 Nov 2019 9:35…
Penal Code, 1860 (IPC) – Section 354, 511 and 376 – Criminal force on the victim -Rape attempt – Delay in registering the FIR HELD Husband of the complainant victim (P.W.3) was staying in Nandprayag while the incident occurred in the remote village of Salna – Subsequent to the incident, the complainant victim first travelled to meet her husband (P.W.3) – After narrating the said incident to him, she further travelled to register a complaint before Chief Judicial Magistrate, Chamoli, which is again far off from the place of occurrence
SUPREME COURT OF INDIA DIVISION BENCH CHAITU LAL — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : N.V. Ramana and Ajay Rastogi, JJ. ) Criminal Appeal No. 2127…
Penal Code, 1860 (IPC) – Sections 302 and 326 – Criminal Procedure Code, 1973 (CrPC) – Sections 301, 301(2), 225 and 24(8) – Evidence Act, 1872 – Section 165 – Murder – Crossexamination of witnesses -‘Victim’s counsel has a limited right of assisting the prosecution, which may extend to suggesting questions to the Court or the prosecution, but not putting them by himself.’
Private Counsel Engaged By Victim To Assist Public Prosecutor Cannot Make Oral Argument/Cross Examine Witnesses: SC [Read Judgment] BY: ASHOK KINI20 Nov 2019 5:59 PM ‘Victim’s counsel has a limited…
Upon reaching a finding of arbitrariness in the selection process, the Court could at the most have issued a direction to the State Screening Committee to reassess the names of all candidates by giving due consideration to all relevant documents………….. it was not for the Court to sit in judgment over the merit of the candidates and substitute its reasoning for that of the Screening Committee. Appeal Allowed
SUPREME COURT OF INDIA DIVISION BENCH BAIDYANATH YADAV — Appellant Vs. ADITYA NARAYAN ROY AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and Ajay Rastogi, JJ. ) Civil…
Having regard to the material on record and since large amounts of money belonging to innocent investors have been siphoned off, as well as for the aforesaid reasons, the High Court, in our considered opinion, should not have released the Respondent on bail………the impugned order granting interim bail to the Respondent stands set aside.
SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. RAMENDU CHATTOPADHYAY — Respondent ( Before : Mohan M. Shantanagoudar and Sanjiv Khanna, JJ. ) Criminal Appeal…