Indian Penal Code, 1860; Section 306 – Suicide note shows that the deceased was frustrated on account of work pressure and was apprehensive of various random factors unconnected to his official duties. He was also feeling the pressure of working in two different districts. However, such apprehensions expressed in the suicide note, by no stretch …
Juvenile Justice (Care and Protection of Children) Act, 2015; Section 94 – Section 94(2) of the JJ Act provides for the mode of determination of age. In the order of priorities, the date of birth certificate from the school stands at the highest pedestal whereas ossification test has been kept at the last rung to …
Vinod Katara vs State Of UP 2024 INSC 171 – S 94 Juvenile Justice Act Read More »
Special Court (Trial of Offences relating to transactions in Securities) Act, 1992; Section 3– The properties of the person notified under Section 3(2) would stand attached automatically with effect from the date of notification by virtue of Section 3(3)
Indian Evidence Act, 1873; Section 32- Dying Declaration – Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the court. The Court is required to satisfy itself that the deceased was in a fit state of mind at the time of making the statement and that it …
Summary: Complaint against Special Armed Forces (SAF) Officers – Complainant was declared as the owner of the suit property – Complainant alleged that the accused officers broke the fencing and when he objected, they verbally abused him and he was pushed several time and even a death threat was given – Magistrate passed an order …
Indian Penal Code, 1860; Section 300, 302,304 – Appellant’s conviction under Section 302 IPC modified to Section 304 IPC – SC held: Though the appellant had knowledge that such an act can result in the death of the deceased, but there was no intention to kill the deceased – There is sufficient evidence to prove …
Dattatraya vs State Of Maharashtra 2024 INSC 167 – S 302 IPC Converted To S 304 IPC Read More »
Indian Penal Code, 1860; Section 498A –The allegations against appellants, who are the husband’s relatives are general in nature, wherein it is stated that the appellants harassed her and demanded dowry. No specific allegation of ill treatment is made against any of the appellants -Apart from the general and bald allegations, there is not even …
Pleadings – No evidence could be led beyond pleadings. [ It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the case in hand, specific amendment in the pleadings was …
Child Custody – Child cannot be treated as a chattel at the age of 14 years to hand over her custody to the biological father where she has not lived ever since her birth. Stability of the child is also of paramount consideration. Keeping in view her age at present, she is capable of forming …
Shazia Aman Khan vs State Of Orissa 2024 INSC 163 :: [2024] 3 S.C.R. 10 Child Custody Read More »
Code Of Civil Procedure, 1908; Order VIII Rules 3 and 5 –Deprecated practice of not providing specific para-wise reply to the plaint in the written statement/counter affidavits – In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court to find out as to which line in some paragraph …