”It’s always difficult to keep personal prejudice out of a thing like this. And wherever you run into it, prejudice always obscures the truth.” – 12 Angry Men The room is stifling, the air thick with tension. Twelve men sit around a table, their faces etched with certainty, their verdict seemingly inevitable. A young defendant’s …
The Case for Jury Trials in India: A Lost Tradition That Must Return Read More »
INTRODUCTION“A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.” – Charles Evan Huges This is the statement the …
Dissent That Defined Democracy: Honouring H.R. Khanna Read More »
NDPS Act – Appeal filed by Taxi Driver convicted in an NDPS case as ganja which was packed in two visible bags was seized from his vehicle – Allowing his appeal and acquitting him, SC observed: The Courts below have convicted the appellant solely for the reason that the appellant was not able to give details …
Civil Suit – If the defendants do not dispute the title of the plaintiffs then the suit should not fail only on the ground that the matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for. (Para 18) Krushna Chandra Behera Vs Narayan Nayak …
Krushna Chandra Behera Vs Narayan Nayak – Civil Suit – Injunction Simpliciter Read More »
Constitution of India – Article 226 – It is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie – Throwing …
Indian Penal Code 1860 – Section 375,376 -In the case of rape, conviction can be made on the sole testimony of the prosecutrix as her evidence is in the nature of an injured witness which is given a very high value by the Courts. But nevertheless when a person can be convicted on the testimony …
State (GNCT Of Delhi) vs Vipin @ Lalla – S 376 IPC – Rape Case Quashed Read More »
Indian Evidence Act 1872 – Section 113B- When the Courts below want to apply Section 113B of the Evidence Act, the condition precedent is that there has to be first some cogent evidence as regards incessant harassment. In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or …
Ram Pyarey vs State Of Uttar Pradesh – S 113B Evidence Act Read More »
Will – How a testament or a Will has to be proved by a propounder and in what manner the approach of the Court should be while considering such a document – Referred to H. Venkatachala Iyengar vs. B.N. Thimmajamma, AIR 1959 SC 443. Chinu Rani Ghosh Vs Subhash Ghosh Chinu Rani Ghosh Vs Subhash …
Chinu Rani Ghosh Vs Subhash Ghosh – Will – Proof Read More »