Code Of Civil Procedure 1908 – Order XX – Practice to pronounce the operative part with the outcome and to provide the reasons later in detailed final judgments- It would be prudent to leave it to the learned Judges to pick any one of the three options [(i) dictation of the judgment in open court, …
Code Of Criminal Procedure 1973 – Section 294– Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed. That is to say that if …
Shyam Narayan Ram vs State Of UP 2024 INSC 800 – S 294 IPC – Formal Proof Of Documents Read More »
Indian Penal Code 1860 – Section 498-A – Essential ingredients: (a) The victim was a married lady (may also be a widow); (b) That she has been subjected to cruelty by her husband or relative(s) of her husband; (c) That such cruelty consisted of either (i) harassment with a view to coerce meeting a demand …
Constitution of India – Article 32 – A challenge to the constitutional validity of a statutory provision cannot be adjudicated upon in the absence of a lis and contest between the parties. (Para 6) Summary: SC recalled its decision in Union of India and Another v Ganpati Dealcom Private Ltd [2022] 12 S.C.R. 320:: 2022 …
Land Acquisition Act of 1894 – Section 23(1) – In determining compensation for acquired land, the Court must consider the ‘market value’ of the land- smaller parcels of land conventionally command higher prices. Relying on sale exemplars also, especially when only single solitary such instances are presented, may thus not be appropriate. However, there is …
Land Acquisition Act, 1894-Section 5A– It codifies the fundamental safeguard of audi altrem partem. Landowners have the opportunity to demonstrate that the 10 acquisition is against public purpose or marred by mala fides. In the event the landowner presents a cogent case, the appropriate government may exempt such land from acquisition. By enabling landowners to …
Code Of Criminal Procedure 1973 – Section 319 –Is it mandatory to decide the application under section 319 CrPC before conducting cross-examination and only on the basis of examination-in-chief? The Constitution Bench judgment in Hardeep Singh vs. State of Punjab does not take away the discretion of the Trial Court to wait for the crossexamination …
Asim Akhtar vs State Of West Bengal 2024 INSC 794 – S 319 CrPC – Cross Examination Read More »
Practice and Procedure -a. An authority (either a judicial or quasi-judicial authority) must not be impleaded in an appeal against its order if the order was issued solely in exercise of its “adjudicatory function”; b. An authority must be impleaded as a respondent in the appeal against its order if it was issued in exercise …
Constitution of India- Article 21 – The right to life and liberty enshrined in Article 21 of the Constitution258 is violated by the commission of child marriage. All children married as minors are denied their right to choice and autonomy, right to education, right to sexuality and the right to development of the child. Girls …
Bihar Municipal Act, 2007 – Section 431 –Royalty and tax are not one and same. Corporation’s power to charge royalty cannot be interfered with on the ground that the same is not available, either in the Act or in the Regulations concerned, as there is no question of the said ‘royalty’ being a tax. Section …
Patna Municipal Corporation vs Tribro Ad Bureau – Bihar Municipal Act – Royalty & Tax Read More »