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 »
Indian Penal Code 1860 – Section 376 -When contents of the FIR clearly suggest that both the parties being adult had consensual relations for years before the complaint was filed alleging that there was backing out of promise to marry -Under these admitted facts no case is made out under Section 376 IPC. (Para 6) …
ABC vs XYZ 2024 INSC 1052 – S 376 IPC – Rape – Promise To Marry Read More »
Litigation – Forum Shopping – Right to access the courts is a cornerstone of our democracy. However, this right is not absolute and must be exercised responsibly. When litigants engage in forum shopping, file repetitive and meritless pleas, and deliberately delay proceedings, they erode the very foundation of our legal system. (Para 3) It is …
Fraud – Fraud vitiates everything, but merely alleging fraud does not amount to proving it. For, it has to be proven in accordance with law by adducing evidence etcetera, the onus of which would also lie on the person alleging fraud. (Para 13) Insurance Policy – Effectiveness of the insurance policy would start from the …
National Insurance Company Ltd. vs Maya Devi 2024 INSC 1050 – Insurance Law – Fraud Read More »
Kerala State and Subordinate Services Rules, 1958 – Rule 10 is entirely irrelevant and immaterial for appointment on promotion in the Administrative and Teaching Cadres of the Medical Education Services – Rule 10(ab) (Para 20)-‘Recruitment Rules’ is used in Rule 10(ab) as an alternative to Special Rules, without the same being defined. To understand what …
Dr. Sharmad vs State Of Kerala 2025 INSC 70 – Service Law – KS & SSR Read More »