Latest Post

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Hindu Succession Act, 1956, S.15-Female Hindu–S.15(2)(a)provides that any property inherited by a female Hindu from her father or mother shall devolve upon the heirs of the father if female does not have her son, daughter including the children of any pre-deceased son or daughter but would not devolve upon the categories of heirs specified in sub-section(l)

(2017) 173 AIC 196 : (2017) AIR(SCW) 1632 : (2017) 2 AIRJharR 662 : (2017) AIR(SC) 1632 : (2017) AllSCR 1587 : (2017) 122 ALR 494 : (2017) 4 AndhLD…

Landlord and Tenant—Estoppel—That tenant during the continuance of the tenancy is debarred on the doctrine of estoppel from denying the title of his landlord through whom he claims tenancy. Eviction—Sub-letting—Original tenant had constructed his own house elsewhere he has been residing with his wife, the accommodation of his nephew in the suit premises did amount to sub-letting,

(2017) 175 AIC 209 : (2017) AIR(SCW) 1597 : (2017) AIR(SC) 1597 : (2017) 3 AllLJ 557 : (2017) 2 AllWC 2024 : (2017) 122 ALR 123 : (2017) 2…

Dying Declaration—A valid dying declaration maybe made without obtaining a certification fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

(2017) 100 ACrC 648 : (2017) 175 AIC 107 : (2017) 2 AICLR 734 : (2017) AIR(SCW) 2459 : (2017) AIR(SC) 2459 : (2017) AllSCR(Crl) 878 : (2017) 3 ALT(Crl)…

You missed