Author name: CiteCase

Has Supreme Court Held That Whatsapp Chats Cannot Be Used As Evidence ? [Fact Check]

December 29, 2022 / By

While refusing bail to Aryan Shahrukh Khan in the Cruise Ship Drug Case, the Special Court observed that WhatsApp chats prima facie reveal that accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. After this, a news report was being widely shared in Social media in support of the claim that Whatsapp …

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O VIII R 1 CPC – Written Statement Filed After 120 Days In Commercial Suits

December 29, 2022 / By

Can a written statement filed after 120 days from the date of service of summons in a commercial suit can be taken on record? Order VIII Rule 1 CPC (as applicable to Commercial Suits) reads as follows: Written Statement. – The defendant shall, within thirty days from the date of service of summons on him, …

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Supreme Court Should Clarify Its Obiter Dictum In Kusum Ingots

December 29, 2022 / By

Recently, the High Court of Kerala struck down Section 10A of Indian Divorce Act (applicable only to Christians) observing that the fixation of the minimum period of separation of one year as stipulated is violative of the fundamental right. This raises an interesting question of constitutional law : Does this judgment has effect in Kerala …

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S 397(2) CrPC – Meaning Of ‘Interlocutory Order’

December 29, 2022 / By

Section 397 CrPC deals with Revision Powers of High Court/Sessions Court. Sub-section (2) reads as follows: The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. The old code of 1898 did not contain such a provision. The …

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Can We File A ‘Writ Petition’ Under Article 226 Or/And 227 To Challenge A Judicial Order Of Civil Court?

December 29, 2022 / By

Overruling its earlier view in Surya Dev Rai vs. Ram Chander Rai, the Supreme Court (three judges bench) in Radhey Shyam vs. Chhabbi Nath, AIR 2015 SC 3269 :: (2015) 5 SCC 423., held that judicial orders of civil courts are not amenable to a writ of certiorari under Article 226. This judgment referred to observations …

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S 138 NI Act – Dishonour Of Cheque That Was Drawn After Closing Account

December 29, 2022 / By

A person (X) closes his bank account but somehow manages to retain some cheque leaves. Thereafter, X issues this cheque to Y. On presenting this cheque, it gets dishonoured as ‘account closed’. Demand notice was ignored and this person refuses to pay the amount. This may be an offence of cheating. However, the question is …

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Ss 218-223 – Principles Governing Joint & Separate Trials

December 28, 2022 / By

In Nasib Singh v. State of Punjab (2022) 2 SCC 89, the Supreme Court laid down the following principles: (i) Section 218 provides that separate trials shall be conducted for distinct offences alleged to be committed by a person. Sections 219 – 221 provide exceptions to this general rule. If a person falls under these …

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S 156(3) CrPC – Wide Powers Of Magistrate – Sakiri Vasu vs State of UP

December 28, 2022 / By

The Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under …

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S 160 CrPC – Police Officer’s Power To Require Attendence Of Witness Residing Outside Limits Of His Own/Adjoining Police Station

December 28, 2022 / By

Section 160 CrPC deals with police officer’s power to require attendance of witnesses. Sub Section (1) reads as follows: Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the …

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