Constitution of India, 1950; Article 136 – Criminal Appeal – Once the appellate court acquits the accused, the presumption of innocence as it existed before conviction by the Trial Court, stands restored, and this Court, while scrutinizing the evidence, will proceed with great circumspect and will not routinely interfere with an order of acquittal, save …
Summary: Suit filed in 1986 – Decreed by Sub Court in 1994 – Madras HC set aside decree by allowing appeal in 2008 – Parties arrive at settlement before SC.
Will – When evidence was adduced in terms of Section 68 of the Evidence Act, 1872, and the mandatory requirements prescribed under Section 63 of the Indian Succession Act, 1925, were duly satisfied, the Will stood proved in the eye of law and the same ought not to have been brushed aside lightly – Referred …
Code Of Civil Procedure, 1908; Order XXIII Rule 3 (i) appeal is not maintainable against a consent decree; (ii) no separate suit can be filed; (iii) consent decree operates as an estoppel and binding unless it is set aside by the court by an order on an application under the proviso to 10 (2006) 5 …
Basavaraj vs Indira 2024 INSC 151 – Amendment Of Pleadings – Consent Decree Read More »
Summary: Automatic Vacation of Stay Orders Direction in Asian Resurfacing Of Road Agency Pvt. Ltd. vs CBI [2018] 2 S.C.R. 1045 Overruled – A direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of …
Income Tax Act, 1961; Section 194-H- Commission or brokerage – Cellular mobile telephone service providers would not be under a legal obligation to deduct tax at source on the income/profit component in the payments received by the distributors/franchisees from the third parties/customers, or while selling/transferring the pre-paid coupons or starter-kits to the distributors – the …
Summary: Review Petition against the judgment in Union of India vs Lieutenant Commander Annie Nagaraja (2020) 13 SCC 1 – Recalled judgment pertaining to Review Petitioner -Directed that in the peculiar facts and circumstances of this case, the case of the petitioner for the grant of PC shall be considered afresh by reconvening a Selection …
Indian Penal Code, 1860; Section 306 – Indian Evidence Act, 1872; Section 113A – The mere fact that the deceased committed suicide within a period of seven years of her marriage, the presumption under Section 113A of the Evidence Act would not automatically apply – Mere fact of suicide within seven years of marriage, one …
Code Of Criminal Procedure, 1973; Section 172 – Indian Evidence Act, 1872; Section 145,161 – When a police officer uses case diary for refreshing his memory, an accused automatically gets a right to peruse that part of the prior statement as recorded in the police officer’s diary by taking recourse to Section 145 or Section …
Indian Penal Code, 1860; Section 364A – The first ingredient of Section 364A is that there should be a kidnapping or abduction of any person or a person should be kept in detention after such kidnapping or abduction. If the said act is coupled with a threat to cause death or hurt to such person, …
Willian Stephen vs State Of Tamil Nadu 2024 INSC 146 – S 364A IPC – S 65B Evidence Act Read More »