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Motor Accident Compensation Claim- A witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that the police have not recorded his statement during investigation – In claim cases, arising out of motor accident, the court has to apply the principles of preponderance of probability and cannot apply the test of proof beyond reasonable doubt. Read Judgment

Criminal Trial – A conviction could be based solely on the basis of the evidence of a solitary witness, however, the testimony of such a witness is required to be found to be credible and trustworthy. It is also necessary to examine the testimony of such a witness critically – Circumstantial Evidence – the circumstances from which the conclusion of guilt is to be drawn should be fully established. The Court held that it is a primary principle that the accused ‘must be’ and not merely ‘may be’ proved guilty before a court can convict the accused. It has been…

Citizenship Act 1955 – Section 6A – Constitutional validity upheld -Section 6A falls within the bounds of the Constitution and does not contravene the foundational principles of fraternity, nor does it infringe upon Articles 6 and 7, Article 9, Article 14, Article 21, Article 29, Article 326, or Article 355 of the Constitution of India. Furthermore, Section 6A does not clash with the IEAA or established principles of international law – Section 6A does not suffer from manifest arbitrariness because: (a) there is application of mind behind the incorporation of the cut-off dates; (b) the process under Section 6A is…

Income Tax Act, 1961 – Section 28 – Banks are required to purchase Government securities to maintain the SLR. As per RBI’s guideline dated 16th October 2000, there are three categories of securities: HTM, AFS and HFT. As far as AFS and HFT are concerned, the interest accrued will have to be treated as income from the business of the Bank. Thus, after the deduction of broken period interest is allowed, the entire interest earned or accrued during the particular year is put to tax. Thus, what is taxed is the real income earned on the securities. By selling the…

Judgments -Judgments are not to be read as Euclid’s theorems; they are not to be construed as statutes, and; specific cases are authorities only for what they actually decide. (Para 4) Bail – Parity – Grant of bail to co-accused would not ipso facto entitle the accused to the same – [the accused was incarcerated for 5 ½ months only – This cannot be taken as ‘incarceration for a significant period of time’ as sought to be projected by him] Read Judgment

Summary -Charge sheet alleged that the accused, with the object of cheating the Bank, granted the three facilities to a company – High Court allowed his discharge petition – Dismissing appeal, SC observed: perhaps the only material that creates suspicion is the speed with which the proposal of the Company was sanctioned. As far as the respondent is concerned, considering his position and the role ascribed to him in the grant of sanction to the loan proposal of the Company, mere suspicion against him is not enough to frame a charge against him- Only because the entire proposal was processed…

Constitution of India – Article 226- High Court could exercise its power of judicial review in Criminal matters and it could exercise the power either under Article 226 or under Section 482 CrPC to prevent the abuse of process of the court or otherwise to secure the ends of justice. Nomenclature under which a petition is filed is not quite relevant. If the court finds that the petitioner could not invoke the jurisdiction of the Court under Article 226, it may treat the petition under Section 482, Cr. P.C. (Para 1) Indian Penal Code 1860 – Section 376 -Quashing a…