The factors which the Court is required to take into consideration, while quashing the proceedings under Section 482 CrPC and while considering an application for discharge are totally different. Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they …
Important Supreme Court Judgments On Section 482 CrPC Read More »
An agreement by which a wife waives her right of maintenance protected under Section 125 of Cr.P.C is an agreement against public policy and the same is ab initio void and not enforceable [ KP Abdul Hakeem vs Asmabi MP 2023/KER/6314 ]. By virtue of Section 125 (1) of Cr.P.C, an unmarried daughter, who attained …
Chapter 2 of Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 describes duties of doctors to their patient. Relevant regulations are Relevant regulations of the new (Draft) National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2022,
Section 8 of the Hindu Succession Act provides that the property of a male Hindu dying intestate shall devolve (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule. “Son” is one among the Class 1 heirs. The question is whether the expression “son” will include a “step son”. The …
Does “Son” Include A “Step-Son” For Intestate Succession Under HSA ? Read More »
Section 309 CrPC deals with power to postpone or adjourn proceedings : In every inquiry or trial the proceedings shall be continued from daytoday until all the witnesses in attendance have een examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. Lt. Col. S.J. Chaudhary vs. State (Delhi Administration) [AIR …
Section 309 CrPC – Supreme Court Judgments On ‘Adjournments’ Read More »
In Rajnesh vs Neha, [AIR 2021 SC 569 : (2021) 2 SCC 324], the Supreme Court issued the following directions in exercise of its powers under Article 142 of the Constitution of India: (a) Issue of overlapping jurisdiction To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, it …
Supreme Court Guidelines For Maintenance Cases [Rajnesh vs Neha] Read More »
There is no denying the fact that most of us tend to get anxious at the sight of the police. That uneasy feeling is owing to our experience with them at one time or another in the past. We relish the usage of words such as fundamental rights, liberty, etc in our constitution but in …
Public Prosecutor’s Power Over Police Investigation [Column] Read More »
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 …
Supreme Court Should Clarify Its Obiter Dictum In Kusum Ingots Read More »
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 …
S 156(3) CrPC – Wide Powers Of Magistrate – Sakiri Vasu vs State of UP Read More »