Appeal to Supreme Court–Article 136 does not confer a right of appeal upon any party but merely vests a discretion in the Supreme Court to interfere in exceptional cases. Appeal–Under the Constitutional scheme, ordinarily the last Court in the country in ordinary cases was meant to be the High Court.
2007(1) LAW HERALD (SC) 881 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. 188 of…
Transfer Petition–There should not be any scope given to any person to go away with the feeling that the Judge was biased, however unfounded the impression may be.
2007(1) LAW HERALD (SC) 876 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 241…
Dying declaration—Accused has no power of cross-examination–This is the reason dying declaration should be of such nature as to inspire full confidence of the Court on its correctness. Dying declaration—Principles governing dying declaration summed up.
2007(1) LAW HERALD (SC) 871 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.236 of…
Dishonour of Cheque— Standard of proof in discharge of the burden–Being of preponderance of a probability, the inference therefor can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon.
2007(1) LAW HERALD (SC) 865 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. 233 of…
Murder—Common Intention—Petitioner was carrying lathi and no injury was caused with lathi—However, he was accompanying accused who were carrying fire arms—Petitioner liable to be convicted u/s 302 r/w 34.
2017(1) Law Herald (SC) 65 : 2017 LawHerald.Org 505 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Rohinton Fali Nariman Criminal…
Evidence Act, 1872– lnterested Witness– close relative cannot be characterised as an “interested” witness-He is a “natural” witness-His evidence, however, must be scrutinised carefully
2017(1) Law Herald (SC) 56 : 2017 LawHerald.Org 503 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre…
Secondary Evidence—Photocopy of photocopy cannot be considered as secondary evidence.
2017(1) Law Herald (SC) 52 : 2017 LawHerald.Org 510 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Adarsh Kumar…
Divorce—Cruelty—Where there is no direct evidence, Courts are required to probe into the mental process and mental effect of incidents that are brought out in evidence. Divorce—Cruelty—It is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.
2007(1) LAW HERALD (SC) 859 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 877 of…
Murder—Essential ingredients to bring a case under Section 300″thirdly” IPC; enumerated.Even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder.
2007(1) LAW HERALD (SC) 853 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 214…
Murder—Bodily Injury—Even if the intention of the accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder.
2007(1) LAW HERALD (SC) 844 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No.222 of…