Penal Code, 1860 – S. 420 – Negotiable Instruments Act, 1881 – Ss. 138 & 145 – Evidence on Affidavit – Summoning Order for an offence punishable under Section 420 IPC on the basis of affidavit evidence received by the Magistrate with the aid of Section 145 of the Negotiable Instruments Act […]
Motor Vehicles Act, 1988 – in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects – Addition should be 30% in case the deceased […]
Code of Criminal Procedure 1973 – Section 319 – Power to proceed against other persons appearing to be guilty of offence – Section 319 Cr.P.C allows the Court to proceed against any person who is not an accused but it appears from evidence that such person has committed any offence for which such […]
Evidence Law – Penal Code, 1860 – Ss. 302/34 & 201/34 – the prosecution has failed to prove its case against the accused appellants beyond all reasonable doubts. The conviction of the appellants recorded by the trial court under Sections 302/34 and 201/34 IPC and that of appellant Dr. Rajesh Talwar […]
Evidence Law – Penal Code, 1860 – Ss. 304 r/w. 34 & 326 – Related Witness – The only requirement to scrutinize the evidence of related witnesses, under law, is that their evidence should be scrutinized with extra care and caution but the same cannot be discarded only on the […]
Violence Against Woman – A Court has to take seriously the cases relating to violence against woman – Simultaneously, the Court has a duty to guard itself against false charges of rape – Dignity of woman will have to be protected, but without aid of emotion.
Constitution of India, 1950 – Article 14 – Distinction of Pushtaini and Gairpushtaini farmers is arbitrary and is hit by Article 14 of the Constitution – It is also contrary to the objects of the Land Acquisition Act.
Criminal Procedure Code, 1973 – Ss. 167 (2) & 439 – Surrender – Territorial Jurisdiction – Custody – Procedure when investigation cannot be completed in twenty-four hours.
Transfer of Property Act, 1882 – Indian Contract Act, 1872 – Sections 20 & 21 – A deed or terms of deed cannot be cancelled on the ground that parties were mistaken about the consideration.
Criminal P.C. 1973 – S. 374 (2) – Penal Code, 1860 – S. 394 r/w. 302, 304 Part-I or Part-II – Intention of causing death – ‘murder’ and ‘culpable homicide not amounting to murder – distinction between.