Act prejudicial to maintenance of harmony—Publications of books—Objectionable statements—Prosecution has to prove prima facie the existence of mens rea on the part of the accused the intention has to judged primarily by the language of book—Book must be read as a whole.
2007(2) LAW HERALD (SC) 1508 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice D.K. Jain…
Murder—Sole eye witness—Conviction can be based on the basis of the testimony of a sole eye witness.
2007(2) LAW HERALD (SC) 1505 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 486…
Dishonour of Cheque—Vicarious liability—Requirements laid down therein must be read conjointly and not disjunctively. When a legal fiction is raised, the ingredients therefor must be satisfied. Summoning Order—Recalling of Order—A Magistrate does not have and thus cannot exercise any inherent jurisdiction.
2007(2) LAW HERALD (SC) 1496 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 520 of…
Public Servant—Employees of Electricity Board are public servant and liable to prosecution for corruption under Prevention of Corruption Act, 1988.
2007(2) LAW HERALD (SC) 1492 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 519 of 2007…
Compensation—An amount of compensation directed to be paid may not form part of a fine. It may be awarded separately.Dishonour of Cheque—Compensation—No unreasonable amount of compensation can be directed to be paid.
2007(2) LAW HERALD (SC) 1473 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 521 of…
Hostile Witness–Courts are entitled to rely upon a part of the testimony of a witness who has been permitted to be cross-examined by the prosecution.
2007(2) LAW HERALD (SC) 1469 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1157 of…
Dying Declaration—Recorded by Head constable and not by a Magistrate—Admissible. Dying Declaration—Not in question and answer form but in narrative—Admissible. Recording of Statement—Murder—Non recording of statement of witnesses under Section 161, Cr.P.C.—Testimony of witnesses —Admissible.
2007(2) LAW HERALD (SC) 1460 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Criminal Appeal No. 244 of…
Identification of Accused–Holding of test identification parade after ten days of publication of photographs of accused in newspaper loses all its significance.
2007(2) LAW HERALD (SC) 1455 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 636 of 2007…
Adverse Possession— Once the plaintiff proves his title, the burden shifts to the defendant to establish that he has perfected his title by adverse possession.
2007(2) LAW HERALD (SC) 1452 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 6195 of 2000…
Adverse possession—A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to denial of his title to the property claimed.
2007(2) LAW HERALD (SC) 1446 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5846 of…