October 2019

Secondary Evidence—Photocopy of Affidavit—If the applicant has the photocopy of the affidavit, which is necessary for just decision of case then opportunity to lead the secondary evidence should be given

By | October 2nd, 2019|Categories: Evidence - Criminal Cases|

Criminal Procedure Code, 1973, S.482–Reduction in Sentence–The facts prevalent at the time of the offence can also be taken into consideration for the purpose of quantum of sentence as well.

By | October 2nd, 2019|Categories: Reduction in Sentence|

Probation—Enhancement of Sentence—Once a convict has completed the period of probation; then he cannot be sentenced with imprisonment for the same offence, even if the Appellate Court or Revisional Court comes to a different opinion on sentence                                            ‘ Expert Evidence—Opinion of doctor—A Radiologist giving report of fracture on the basis ofX-Ray; has to be produced before the Court for make his report admissible in evidence—The statement of any other witness/doctor on that report can, at the best be taken as a derivative expert opinion

By | October 2nd, 2019|Categories: Probation|

Confession before Police—The expression ‘Magistrate’ appearing in Section 26 of the Evidence Act includes Executive Magistrate’ and not only the ‘Judicial Magistrate’—Therefore, the confession made in the immediate presence of Executive Magistrate while accused is in police custody, held to be admissible in evidence Rape—Compensation—Mentally ill girl was gang raped and brutally murdered—In addition to death sentence directions issued that a sum of Rs.5O lakhs be recovered from appellants/accused by attaching/ selling their respective immovable properties

By | October 2nd, 2019|Categories: Rape|

Held; it would be travesty of justice, if the accused, who has remained under a mistaken impression that he can drag the proceedings as per his choice, is suddenly denied the opportunity to cross-examine the complainant—Negotiable Instruments Act, 1881, S. 138.                   

By | October 2nd, 2019|Categories: Cheque Bounce|

BAIL GRANTED — Visa for going abroad—Allegation that petitioner neither arranged visa nor returned money— Submission that petitioner had referred complainant to some ‘R’ who had arranged visa and had also sent a guarantee letter for the visa but said person has not even been joined in the investigation by the police, despite having been specifically disclosed as the real culprit, by the petitioner

By | October 2nd, 2019|Categories: Bail|

Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

By | October 2nd, 2019|Categories: Bail - Narcotics|

BAIL GRANTED – Bail—Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

By | October 2nd, 2019|Categories: Bail - Narcotics|

BAIL GRANTED – Bail—Unnatural Sex—Minor Child—Petitioner submitted that on his refusal to have relations with complainant, who is married but residing separately from her husband, has made a false complaint

By | October 2nd, 2019|Categories: Bail|

CM, Maharashtra case. Candidates Must Also Disclose Criminal Cases In Which Cognizance Has Been Taken By Court “……….information should be furnished in Form 26, which includes information concerning cases in which a competent Court has taken cognizance (Entry 5(ii) of Form 26).”

By | October 2nd, 2019|Categories: Constitution of India|

“….held that a power of attorney holder, who has acted in pursuance of the said power, may depose on behalf of the principal in respect of such acts but cannot depose for the principal for the acts done by the principal and not by the power of attorney holder.

By | October 2nd, 2019|Categories: Specific Performance|

September 2019

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 14 – Possession of secured asset – CJM is competent to process the request of the secured creditor to take possession of the secured asset under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

By | September 29th, 2019|Categories: SARFEASI|

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 8, 15, 42 and 52 – Non-production of contraband – Appeal against acquittal – If the seizure of the material is proved on record and is not even doubted or disputed the entire contraband material need not be placed before this Court.

By | September 29th, 2019|Categories: Narcotics|

Supreme Court held that unless the execution of a Gift Deed is specifically denied, it is not mandatory to specifically lead the evidence of an attesting witness under Section 68 of the Indian Evidence Act to prove the Gift Deed.

By | September 29th, 2019|Categories: Evidence - Civil|

Anticipatory Bail-Second Petition- Changed Circumstances—Contention that first application was rejected on incorrect facts-Held; In any case, the earlier order was passed in presence of counsel for the petitioner and if any incorrect facts had been mentioned, the same should have been brought to the notice of the Court there and then-Second petition dismissed in absence of any changed circumstances.

By | September 17th, 2019|Categories: Anticipatory Bail|

Arbitration—Interest on Award—The accrued interest merges into the amount awarded and becomes decreetai amount—Claiming of interest upon said ‘ decreetal amount’ subsequently does not amount to charging of “interest on interest’.

By | September 17th, 2019|Categories: Arbitration|

Restoration of Execution Petition-Dismissal in default-Petition was dismissed apparently due to non­ filing of copy of the application as well as RC/AD . Fault of court officials no penalty on DH.

By | September 17th, 2019|Categories: Execution|

Held; As per S.3 of 1930 Act, Government has to prescribe the format of maintaining and furnishing accounts-Thus, in absence of any such rules being promulgated by Government creditor was not obligated to fulfill the requirement of S.3 of 1930 Act—Appeal dismissed

By | September 17th, 2019|Categories: Corporate cases|