Criminal Procedure Code, 1973 (CrPC) – Section 161 – Statement to police – Delay in recording – Delay of 13 days in recording statement of informant, who allegedly lodged FIR within half an hour of incident – In this case of murder there was a delay of almost 13 days in recording the statement of the informant under Section 161, Cr.P.C. Moreover, the High Court found the explanation given by the Investigating Officer rather unconvincing.
AIR 2005 SC 762 : (2005) CriLJ 892 : (2005) 1 JT 89 : (2005) 10 SCC 399 : (2005) AIRSCW 359 : (2005) 1 Supreme 263 SUPREME COURT…
Constitution of India, 1950 – Article 32 -Conduct of the investigation – A complaint by the Finance Minister that ‘N’ was an agent of foreign intelligence agency and was indulging in anti national activities and had built up a business empire of Rs. 300 crores within a period of nine years, a decision was taken that the matter needs to be probed
(2013) 13 SCALE 201 : (2014) 1 SCC 93 SUPREME COURT OF INDIA RATAN N. TATA — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before…
Contract Act, 1872 – Section 23 – Void contract – Agreement that employee would not claim higher salary on being promoted by stop-gap arrangement – Agreement is opposed to public policy and not valid.
AIR 1998 SC 2909 : (1998) 79 FLR 657 : (1998) 3 JT 654 : (1998) 3 SCALE 388 : (1998) 5 SCC 87 : (1998) SCC(L&S) 1273 :…
Execution of sale deed – The appellants/ plaintiffs were non-suited by the High Court on the finding that the sale deed was without consideration executed and registered – The High Court has reversed the decree of the appellate Court and confirmed, though for different reasons, the decree of the trial Court.
(1996) 2 AD 435 : (1996) 1 CTC 360 : (1996) 3 JT 52 : (1996) 2 SCALE 214 : (1996) 2 SCC 624 : (1996) 1 SCR 1152…
Penal Code, 1860 (IPC) – Sections 302/149 – Murder – Reversal of acquittal by High Court – Prosecution case fully corroborated by evidence of brother of deceased – Appellant identified in TIP
(2011) CriLJ 2897 : (2011) 3 JCC 1559 : (2011) 5 JT 403 : (2011) 3 RCR(Criminal) 782 : (2011) 5 SCALE 139 : (2011) 4 SCR 25 :…
Terrorist & Disruptive Activities (Prevention) Act-Section 20(4) Charge-sheet – Limitation for filing – Computation of – It is to be counted from the next day of arrest.
(1996) 1 AD 478 : AIR 1996 SC 2980 : (1996) CriLJ 1876 : (1996) 1 JT 248 : (1996) 1 SCALE 307 : (1996) 2 SCC 367 :…
Civil Procedure Code, 1908 (CPC) – Order 6, Rule 17 – Amendment of written statement, in a suit for injunction which was filed on the ground that defendant was a licencee, however the defendant pleading to be lessee
AIR 2000 SC 614 : (2000) 1 CTC 163 : (1999) 10 JT 61 : (2000) 125 PLR 547 : (1999) 7 SCALE 463 : (2000) 1 SCC 712…
Contempt—Willful disobedience—If a person has been asked to something which is impossible and if he fails to do so, he cannot be held guilty of contempt.
2016(5) Law Herald (P&H) 3751 (SC) : 2016 LawHerald.Org 2356 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave The Hon’ble Mr. Justice Uday Umesh…
Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.
2016(5) Law Herald (P&H) 3748 (SC) : 2016 LawHerald.Org 2355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fali…
Dying Declaration–100% Burn Injuries—Not a ground in itself to discard dying declaration when there was a specific certificate from the Doctor about her mental fitness regarding capability of giving the statement.
2016(5) Law Herald (P&H) 3732 (SC) : 2016 LawHerald.Org 2166 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Amitava Roy Criminal…