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An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act. Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process. Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence. Sales Tax — Kerala General Sales Tax Act, 1963 (Kerala Act) — Section 5A — Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act) — Section 7A — Purchase Tax — Liability of assessee purchasing goods from dealers exempt from sales tax — Where goods are purchased from dealers who are exempt from payment of sales tax by virtue of notifications or exemptions under the Kerala Act or Tamil Nadu Act, such a purchase is considered a purchase of “goods, the sale or purchase of which is liable to tax” within the meaning of Section 5A of the Kerala Act or Section 7A of the Tamil Nadu Act
An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.
C P C Registration Act
An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.
Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.
Cr P C
Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.
Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice
Constitution Contempt
Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice
Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.
Acquittal
Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.
I P C

Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”  “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”

Feb 13, 2019 sclaw

“Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the…

Acquittal

Law on circumstantial evidence when it comes to fixing guilt on those accused in a criminal case can be summarised in the following manner. “The law can be summarised in the following terms: 1. The circumstances relied upon by the prosecution which lead to an inference to the guilt of the accused must be proved beyond doubt; 2. The circumstances should unerringly point towards the guilt of the accused; 3. The circumstances should be linked together in such a manner that the cumulative effect of the chain formed by joining the links is so complete that it leads to only one conclusion i.e. the guilt of the accused; 4. That there should be no probability of the crime having been committed by a person other than the accused.“

Feb 12, 2019 sclaw

Law on circumstantial evidence when it comes to fixing guilt on those accused in a criminal case can be summarised in the following manner. “The law can be summarised in…

Acquittal

We would think in the circumstances of this case that the appellant cannot be convicted for the offence under Section 376. It would indeed be unsafe to convict him based on the testimony of the prosecutrix. He would certainly be entitled to the benefit of doubt created by the circumstances.

Feb 12, 2019 sclaw

  We would think in the circumstances of this case that the appellant cannot be convicted for the offenceunder Section 376. It would indeed be unsafe to convict him based on…

Direct Taxation

Income Tax Act, 1963 – Section – 245C, 245H, 245D – Application for settlement – The assessee approached the Settlement Commission (Commission) with an application under Section 245-C of the Act – Section 245-H empowers the Commission to grant immunity from prosecution to an applicant if it is satisfied that he has made full disclosure of his income and has fully cooperated with the Commission

Feb 11, 2019 sclaw

  (1996) 2 AD 629 : (1996) 132 CTR 290 : (1996) 219 ITR 618 : (1996) 3 JT 144 : (1996) 2 SCALE 655 : (1996) 8 SCC 154…

C P C

Civil Procedure Code, 1908, Order 39 Rules 1 and 2 read with Section 151–Trade Marks Act, 1999–Temporary injunction–Temporary injunction restraining the respondents, their officers, etc. from using ‘Skyline’ as a part of their trademark in relation to their activities in the field of education–No similarity in the name of two parties–Appellant using the name ‘skyline’ as a prefix with the institute of technology and engineering and the respondent using ‘skyline business school’–A student would not get any deception by both names–

Feb 11, 2019 sclaw

2010(1) LAW HERALD (SC) 285 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice B.S. Chauhan…

I P C

According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. However, the First Proviso to Exception I provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

Feb 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATYA RAJ SINGH — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay Manohar Sapre and Indu Malhotra, JJ. ) Criminal…

You missed

C P C Registration Act

An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.

May 14, 2025 sclaw
Cr P C

Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.

May 14, 2025 sclaw
Constitution Contempt

Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice

May 14, 2025 sclaw
Acquittal

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw