Criminal Procedure Code, 1973 (CrPC) – Sections 167, 437(5) and 439(2) – Bail – Default of prosecution – Bail granted as the prosecution failed to file charge-sheet within stipulated time – Subsequent filing of charge-sheet does not entitle to Court to cancel the bail on the ground of filing of charge-sheet.
AIR 1993 SC 1 : AIR 1992 SC 1 : (1992) CriLJ 3712 : (1992) 6 JT 21 : (1992) 2 SCALE 523 : (1992) 4 SCC 272 :…
Evidence Act, 1872 – Section 3 – Child witness – Appreciation of – Evidence of such witness cannot be rejected per se – Court as a rule of prudence is required to consider it with close scrutiny
AIR 2001 SC 482 : (2001) CriLJ 705 : (2001) 1 JT 230 : (2001) 1 SCALE 7 : (2001) 9 SCC 129 : (2001) 1 SCR 1 :…
Penal Code, 1860 (IPC) – Section 300 – Murder – Eye-witnesses – Presence on spot – Incident occurred at about 1.30 p.m. on a road in month of June when there was scorching heat
AIR 2003 SC 2098 : (2003) CriLJ 880 : (2003) 1 JT 10 : (2003) 1 SCALE 20 : (2003) 9 SCC 45 : (2003) AIRSCW 98 : (2003)…
Wakf Act, 1995 – Sections 6 and 83(a) – Wakf of property – Suit for declaration – Limitation –
(2005) 1 JT 67 : (2005) 1 SCC 741 : (2005) 1 SCR 1 SUPREME COURT OF INDIA ABDUL RAIS AND OTHERS — Appellant Vs. MADHYA PRADESH WAKF BOARD…
Appointment of Lokayukta – Chief Justice is most appropriate person to judge suitability of retired Judge, who will act as Lokayukta and object of Act would not be served, if final decision is left to executive – Primacy of opinion of Chief Justice must be accepted
(2013) 1 AD 325 : AIR 2013 SC 693 : (2013) 1 JT 276 : (2013) 1 RCR(Civil) 610 : (2013) 1 SCALE 7 : (2013) 3 SCC 1 :…
Civil Procedure Code, 1908 (CPC) – Section 107 – Interference with finding of fact – Considerations for – The rule of practice is that where the evidence is conflicting and decision hinges upon the credibility of witnesses, the appellate court should not interfere with finding of civil Court on question of fact.
AIR 1951 SC 120 : (1950) 1 SCR 781 SUPREME COURT OF INDIA SARJU PERSHAD — Appellant Vs. RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS — Respondent ( Before…
Arbitration Act, 1940 – Section 30 – Misconduct – Natural justice – Hearing one party in the absence of the other – Violation of principles of natural justice – Award vitiated
AIR 1953 SC 21 : (1953) 4 SCR 119 SUPREME COURT OF INDIA PAYYAVULA VENGAMMA — Appellant Vs. PAYYAVULA KESANNA AND OTHERS — Respondent ( Before : N. Chandrasekhara…
Evidence Act, 1872 – Section 67 – Handwriting – Proof of – Conclusion based on clear comparison of handwriting must at best be indecisive and yield to positive evidence..
AIR 1954 SC 316 : (1954) 1 SCR 919 SUPREME COURT OF INDIA SRI SRI SRI KISHORE CHANDRA SINGH DEO — Appellant Vs. BABU GANESH PRASAD BHAGAT AND OTHERS…
Contract Act, 1872 – Sections 17 and 23 – Fraudulent terms – Avoidance of creditor – Rules of Voluntary Provident Fund Trust providing that in case of insolvency of subscriber, the property standing to his credit will vest in the Trust and not the Official Receiver – Such clause if allowed would be fraud perpetrated on insolvency law and therefore is not valid or binding.
AIR 1956 SC 336 : (1956) 2 LLJ 215 : (1956) 1 SCR 100 SUPREME COURT OF INDIA MUKTI LAL AGARWALA — Appellant Vs. TRUSTEES OF THE PROVIDENT FUND…
Civil Procedure Code, 1908 (CPC) – Order 21, Rule 52 – Non-compliance – Effect of – Attachment without notice to the court or public officer in whose custody the property was entrusted – Sale without such notice is not void ab initio.
AIR 1958 SC 725 : (1959) 1 SCR 333 SUPREME COURT OF INDIA KANHAIYALAL — Appellant Vs. D.R. BANAJI AND OTHERS — Respondent ( Before : Syed Jaffer Imam, J;…