Evidence Act, 1872 – Section 32 – Dying declaration – Mental fitness – Certificate by doctor – Certification by the doctor before recording dying declaration is necessary – Certificate of doctor not obtained in spite of his presence – Dying declaration cannot be relied upon.
AIR 2002 SC 526 : (2002) CriLJ 973 : (2002) 1 Crimes 231 : (2001) 10 JT 322 : (2001) 8 SCALE 393 : (2002) 1 SCC 577 :…
Penal Code, 1860 (IPC) – Sections 302/34 and 201/34 – Murder – Common intention – Conviction – Conviction based solely on evidence of Approver – No material to show that appellant had any common intention to eliminate deceased who was a physically disabled – Only adverse thing against appellant is that he used to associate with accused for smoking Ganja – In absence of common intention convicting appellant with aid of Section 34 IPC cannot be sustained – Appeal allowed.
(2012) 4 JCC 2745 : (2012) 9 JT 116 : (2012) 9 SCALE 245 : (2012) 9 SCC 249 SUPREME COURT OF INDIA SURESH SAKHARAM NANGARE — Appellant Vs.…
Public interest litigation — Whether a Society such as TELC is required to be treated as Society registered under the Act in view of the operation of Section 53 — The entire litigation between the parties herein is without any basis in law. It resulted in wastage of time of the judiciary as well as the administration.
(2014) 10 SCALE 197 : (2015) 5 AD 499 : (2014) 4 RCR(Civil) 689 : (2014) 10 SCALE 197 : (2015) 2 SCC 121 : (2014) 9 SCJ 152…
Constitution of India, 1950 – Article – 226 – Land Acquisition Act, 1894 – Section – 4(1), 5-A – Notification – A notification under Section 4(1) of the Land Acquisition Act was published – There was no justification to dispense with the enquiry under Section 5-A and public purpose would have been served by allowing the claimants to submit their objections
(1996) 81 CLT 161 : (1995) 6 JT 624 : (1995) 5 SCALE 188 : (1995) 5 SCC 583 : (1995) 3 SCR 139 Supp : (1995) 2 UJ…
Legal assistance – Disciplinary proceedings – Assistance of legal practitioner – Assistance of legal practitioner barred under the Regulations – Only Govt. employee allowed to assist the delinquent – High Court directing the authority to allow assistance of retired employee – Though he is not a legal practitioner who is prohibited to appear to assist the delinquent, it amounts to permitting the retired employee to have regular practice
AIR 1997 SC 2982 : (1997) 6 JT 447 : (1997) 2 LLJ 825 : (1997) 5 SCALE 14 : (1997) 6 SCC 380 : (1997) SCC(L&S) 1473 :…
Seniority – Absorption – Counting of services rendered by deputationist in the parent department – Held: Any Rule, Regulation or Executive Instructions which has the effect of taking away the service rendered by deputationist in an equivalent cadre in the department while counting his seniority in the deputed post would be violative of Articles 14 and 16 of the Constitution.
AIR 2000 SC 594 : (2000) 85 FLR 305 : (1999) 9 JT 597 : (1999) 7 SCALE 466 : (2000) 1 SCC 644 : (2000) SCC(L&S) 213 :…
Evidence Act, 1872 – Section 3 – Witness – Solitary eye-witness – Non-mentioning of name in FIR – Incident of murder of two brothers seen by wife of one of the deceased – Her testimony appearing to be reliable, natural and not shaken in cross-examination
AIR 2002 SC 312 : (2002) CriLJ 587 : (2002) 1 Crimes 205 : (2001) 2 JT 347 Supp : (2001) 8 SCALE 372 : (2001) 10 SCC 94…
Evidence Act, 1872 – Section 27 – Applicability of provision – Recovery based on information already known – Since the dead body was recovered on the basis of information already known, Section 27 of the Evidence Act has no application.
AIR 2003 SC 4377 : (2003) CriLJ 5054 : (2003) 2 JT 393 Supp : (2003) 8 SCALE 221 : (2003) 11 SCC 261 : (2003) 4 SCR 165…
Execution of Decree—Limitation for filing an application delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and not when the sale was confirmed.
2017(1) Law Herald (SC) 163 : 2017 LawHerald.Org 514 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…
Transfer of Property Act, 1882, S,58(e)–Mortgage by conditional sale
2017(1) Law Herald (SC) 160 : 2016 LawHerald.Org 2452 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…