Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage
(2018) AIR(SCW) 685 : (2018) AIR(SC) 685 : (2018) 2 ALT 1 : (2018) 2 AndhLD 58 : (2018) 2 BCR 263 : (2018) 1 JT 500 : (2018) 1…
Though under Section 319(4)(b)Cr.P.C. the accused subsequently impleaded is to be treated as if he had been an accused when the Court initially took cognizance of the offence, the degree of satisfaction that will be required for summoning a person under Section 319Cr.P.C. would be the same as for framing a charge.
Supreme Court of India Hardeep Singh vs State Of Punjab & Ors on 10 January, 1947 Author: . B Chauhan Bench: P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi,…
Narcotics—Case Property—Safe custody and carriage of recovered contraband not proved—Acquittal upheld
2018(4) Law Herald (SC) 3154 : 2018 LawHerald.Org 1921 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No.997…
Arms—Recovery of country made pistol loaded with live cartridges without license—Accused is liable to be convicted under S.2S(B)(a) and not S. 25(1 AA) of the Arms Act
2018(4) Law Herald (SC) 3152 : 2018 LawHerald.Org 1920 IN THE SUPREME COURT OF INDIA Before Hon*ble Mrs. Justice R. Banumatbi Hon ble Mrs. Justice Indira Banerjee Criminal Appeal Nos.…
Reduction in Sentence- -Accused set fire to the house of complainant who received burn injuries in the incident—Cattle of complainant died due to burn injuries—Keeping in view that incident is of the year 2000 and complainant has paid Rs. 9 lakhs as compensation to complainant sentence of 7 years reduced to 5 years.
2018(4) Law Herald (SC) 3150 : 2018 LawHerald.Org 1919 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Crimmal Appeal No(s). 914…
Probate– If a person who has even a slight interest in the estate of the testator is entitled to file caveat and contest the grant of probate of the will of the testator.
2009(1) LAW HERALD (SC) 351 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 6067 of…
Appointment–Appointment of a Govt. servant is prerogative of particular Govt., particularly, when it is a sensitive appointment of DGP–Doctrine of judicial review would not extend to upset such appointment
2009(1) LAW HERALD (SC) 349 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice V.S. Sirpurkar Writ Petition (C) No. 219 of…
Second Appeal–Although High Court has jurisdiction to formulate a substantial question of law at a subsequent stage but it should not be done without assigning any reason and without giving a reasonable opportunity of hearing to the respondents.
2009(1) LAW HERALD (SC) 342 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7346 of 2008…
Criminal Procedure Code, 1973, S.451—Release of Property—Court is not merely required to determine the source from which the property was seized— A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452
2019(1) Law Herald (P&H) 20 (SC) : 2018 LawHerald.Org 1986 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Criminal Appeal…
Indian Penal Code, 1860, S.376—Rape—Consensual Sex—Live-in Relation— Quashing—Held; (i) If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. (ii) The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 of the IPC.
2019(1) Law Herald (P&H) 12 (SC) : 2018 LawHerald.Org 1985 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Criminal…