Constitution of India, 1950 ; Article 366(29A)(d) – In every case where the owner of the goods permits another person to use goods, the transaction need not be of the transfer of the right to use the goods. It can be simply a license to use the goods which may not amount to the transfer …
Summary: Madhya Pradesh High Court directed State to treat the students pursuing Post Graduate in Ayurveda stream at par with the students pursuing Post Graduate Course in Allopathy stream – setting aside the HC judgment, held: The nature of duties discharged by the Post Graduate students in Ayurveda stream is not the same as that …
State of MP vs Vijay Kumar Tiwari 2024 INSC 25 – Ayurveda & Allopathy PG Course Read More »
Code Of Criminal Procedure, 1973; Section 432 –In a case where the trial has been transferred by this Court from a court of competent jurisdiction of a State to a court in another State, Government of the State within which the offender was sentenced is the appropriate Government which has the jurisdiction as well as …
Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …
Summary: Supreme Court upheld an order summoning police officers in a corruption case
Criminal Trial – Circumstantial Evidence – While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies – Referred to Pritinder Singh v. State of Punjab, (2023) 7 SCC …
Code of Criminal Procedure, 1973; Section 372, 386 – The appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one …
Criminal Trial – Code of Criminal Procedure, 1973 ; Section 161 – If the PWs had failed to mention in their statements u/s 161 CrPC about the involvement of an accused, their subsequent statement before court during trial regarding involvement of that particular accused cannot be relied upon. Prosecution cannot seek to prove a fact …
Constitution of India, 1950 ; Article 22(5) – Article 22(5) of the Constitution of India can broadly be divided into two parts – The first part involves the bounden duty of the authorities in serving the grounds of detention containing such grounds which weighed in the mind of the detaining authority in passing the detention …
Arbitration and Conciliation Act, 1996 ; Section 34 – Any court under Section 34 would have no jurisdiction to modify the arbitral award – The court cannot correct errors of the arbitrators. It can only quash the award leaving the parties free to begin the arbitration again if it is desired- Referred to Larsen Air …