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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.
Constitution

RIGHT TO PRIVACY – LANDMARK JUDGEMENT – 9 JUDGES BENCH -Right to Privacy—It is a fundamental right, subject to reasonable limitations. Constitution of India,1950, Article 21–Right to Privacy-It is a fundamental right-Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guarded by part III of the Constitution-All the 9 judges of Constitution Bench were of same view-Earlier view in Kharak Singh case (6 judges bench in 1964) and M.P. Sharma (8 judges bench in 1954) overruled.

Nov 12, 2017 sclaw

2017(3) Law Herald (SC) 1803 (LB) : 2017 LawHerald.Org 1337 IN THE SUPREME COURT OF INDIA Before Hon’bte Mr. Chief Justice Jagdish Singh Khehar Hon’ble Mr. Justice J. Chelameswar Hon’ble…

Constitution

Letter Patent Appeal—An order passed by the single judge in exercise of Article 226 of the Constitution relating to criminal jurisdiction, cannot be made the subject matter of intra-court appeal—It is not provided for and it would be legally inappropriate to think so. Quashing—Letter Patent Appeal against order of single judge under criminal jurisdiction is not maintainable.

Nov 11, 2017 sclaw

2017(3) Law Herald (P&H) 2079 (SC) : 2017 LawHerald.Org 1214 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Service Matters
Service

Pension–Benefit of running allowance has to be taken into consideration for computing pension only once. Pension–Respondents are retired employees and getting excess pension on account of some clerical mistake w.e.f. 1-1-1986–Held a mistake does not confer any right to any party and can be corrected.

Nov 9, 2017 sclaw

2008(1) LAW HERALD (SC) 262 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Transfer Case (civil) 106 of 2006…

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