Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.
2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…
Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside
2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…
Writ of Habeas Corpus—Police Custody—Writ of habeas corpus could not be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate.
(2018) 105 ACrC 291 : (2018) 190 AIC 122 : (2018) AIR(SCW) 4167 : (2018) AIR(SC) 4167 : (2018) 3 ALT(Crl) 154 : (2018) 4 BomCR(Cri) 1 : (2018) 4…
Arbitrator—Appointment of Independent Arbitrator—Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator
2019(1) Law Herald (SC) 413 : 2019 LawHerald.Org 550 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Honbale Mrs. Justice Indira Banerjee Civil Appeal No. 1039…
Accident—During course of employment—Deceased a bus driver-Accident took place when the deceased was coming down from the roof of the bus after having his meals—Death held to be arise out of and was in course of employment.
2019(1) Law Herald (SC) 409 : 2019 LawHerald.Org 549 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(S). 931…
Constitution of India, 1950, Art. 19 (2)–Ban on Book HELD the creativity and the author’s perception of the uni verse are to be borne in mind. What is true to poetry is applicable to novels or any creative writing. It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition. A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed.
2019(1) Law Herald (SC) 396 : 2018 LawHerald.Org 2130 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Mishra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Ancestral Property—Coparcener has right to dispose of his undivided share in joint family property by way of Will
2019(1) Law Herald (SC) 441 : 2019 LawHerald.Org 551 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ajay Rastogi Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No. 7092…
Auction Sale—Recalling of Order—Execution of Decree—During the pendency of execution second appeal before High Court decreetal amount had been deposited with District Court—Such fact was not brought on record before Supreme Court which had earlier dismissed the objections in conducting auction sale-Impugned order recalled by Supreme Court-Order of auction sale set aside.
2019(1) Law Herald (SC) 348 : 2019 LawHerald.Org 546 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr. Justice…
Identification of Prisons Act, 1920, S.4–Sample of Fingerprints- Police officer is competent to take finger print from crime scene without the orders from Magistrate–To dispel doubts as to its bona fides and to rule out the fabrication of evidence, it is eminently desirable that they were taken before or under the order of a Magistrate-Evidence Act, 1872, S.27.
2019(1) Law Herald (SC) 333 : 2019 LawHerald.Org 524 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Probation—The most important ground which stands out, is that prisoner should be allowed to maintain family and social ties.
2019(1) Law Herald (SC) 331 : 2019 LawHerald.Org 523 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice K.M. Joseph Hon’ble Mr. Justice Uday Umesh Lalit Writ Petition (Criminal)…