After assault she was ousted from her matrimonial home, whereupon she took shelter at her maika. Therefore, departure from her Sasural was not voluntarily, rather she was ousted by the accused persons, and on account thereof, staying at her Sasural happens to be not in normal phenomenon rather, on account of deprivation whereupon till her […]
The cancellation of contract awarded to the appellant is based on good and sufficient reason and is not an arbitrary action. This Court does not find any reason to exercise its writ jurisdiction against the action of the State.
Criminal Procedure Code, 1973 – Section 357A – Victim Compensation Scheme – Interim Compensation – Grant of – It is the duty of the courts, on taking cognizance of a criminal offence, to ascertain whether there is tangible material to show commission of crime, whether the victim is identifiable and whether the victim of crime needs immediate financial […]
Evidence – Identification for the first time in court is not going to ruin its reliability in the background of the fact that the evidence before the court happens to be the substantive evidence which guides the ultimate fate of the trial. Advocates Act, 1961 – Advocates, who are to be identified in terms […]
Service Law – Evidence – Departmental Proceeding – Procedural Infirmity – Violation of Principles of Natural Justice in conducting of the enquiry – Discussed.
Quashing the FIR – In India, the courts would not, ordinarily, quash a criminal proceeding merely because of the reason that at the end of the trial, conviction of the person, facing the trial, appears impossible on account of insufficiency of material. This restriction is, however, not a restriction of universal […]
Arbitration and Conciliation Act, 1996 – Section 34 – the principal civil court, while exercising powers under Section 34 of the Arbitration and Conciliation Act, 1996, is not a Court of civil judicature; rather, it only a tribunal with the trappings of Court. Arbitration and Conciliation Act, 1996 – Section 34 (5) – The notice, as […]
Evidence Law – Contradiction and inconsistencies, exaggeration, embellishments persisting in the evidence of PWs compelling umbrage of its admissibility, reliability, trustworthiness, credibility, whereupon are fit to be rejected. In likewise manner, non-examination of independent witnesses along with the fact that whoever been examined, are only family members, will really axed upon prosecution version. (Para […]
Investigation – Fair Investigation – Right of an Accused – A complete investigation would mean an investigation, which looks into all aspects of an accusation, be it in favour of the accused or against him. Framing of Charge – The order, deciding to frame a charge, must be a speaking order and such speaking order shall […]
Code of Criminal Procedure, 1973 – Section 438 – Can a High Court, in exercise of its power under Article 227 of the Constitution of India, direct that an application, seeking pre-arrest bail or anticipatory bail shall be filed in the office of the Sessions Judge of the Sessions Division, who would appropriately distribute […]
Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 – Section 14-A – Code of Criminal Procedure, 1973 – Section 438 – Pre- arrest bail – The accused will have no right to directly file an application under Section 438 of the Code before High Court for grant of pre-arrest bail. Scheduled Castes […]
ContentsPolice StationDr. D. C. Wadhwa & Ors. v. State of Bihar, AIR 1987 SC 579Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549D. Bhuvan Mohan Patnaik v. State of AP, AIR 1974 SC 2092State of M.P. v. Thakur Bharat Singh, AIR 1967 SC 1170Bishambhar Dayal Chandra Mohan v. State of UP, reported in (1982) […]
ContentsDecree for Judicial SeparationSection 13 of the Hindu Marriage Act, 1955Kunhayammed Vs. State of Kerala, reported in (2000) 6 SCC 359Meghmala and others Vs. G. Narasimha Reddy and others, reported in (2010) 8 SCC 383Sow Chandra Kanta v. Sk. Habib, reported in (1975) 1 SCC 674Aribam Tuleshwar Sharma v. Aibam Pishak Sharma, reported in (1979) […]
ContentsIN THE HIGH COURT OF JUDICATURE AT PATNASection 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (Act No.1 of 2016)Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989Section 439 of the Code of Criminal Procedure193. Cognizance of offences by Courts of SessionTADASC & ST ACT, 1989State of […]
ContentsRam Ayodhya Tiwari v. State of BiharRukmani Narvikar v. Vijay Sattar and others reported in (2008) 14 SCC 1Rukmani Narvikar v. Vijay Sattar Dekar and others reported in (2008) 14 SCC 1State of Orissa v. Debendra Nath Padhi reported in (2005)1 SCC 568P.S. Rajya v. State of Bihar (1996) 9 SCC 1State of Haryana v. Bhajan […]