Adverse possession – the physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted in cases related to adverse possession. Plea of adverse possession is not a pure question of law but a blend of fact …
Practice and Procedure – Roster notified by the Chief Justice is not an empty formality. All Judges are bound by the same – No Bench can hear a case, unless as per the prevailing roster, the particular case is assigned to the Bench or that the case is specially assigned to the Bench by the …
Directorate of Enforcement vs Bablu Sonkar 2024 INSC 107 – Practice & Procedure – Roster Read More »
Indian Penal Code, 1860; Section 499, 500 – Code of Criminal Procedure, 1973; Section 482- Prosecution for defamation for the offence under Section 499, which is punishable under Section 500 of the IPC, cannot be quashed on the ground that the offending allegations have been withdrawn. Summary: Defamation case against accused- for allegedly making Defamatory …
Tejashwi Prasad Yadav vs Hareshbhai Pranshankar Mehta 2024 INSC 108 – Defamation – Read More »
Code of Criminal Procedure, 1973; Section 482 -Without undermining the powers of the High Court under Section 482 of Cr.PC to quash the proceedings if the allegations made in the FIR or complaint prima facie do not constitute any offence against the accused, or if the criminal proceedings are found to be manifestly malafide or …
Code of Criminal Procedure, 1973; Section 482 –Appeal against HC order refusing to quash criminal proceedings against the Appellants for offences u/s. 420, 498A, 506 of the IPC & u/s. 3, 4 of the Dowry Prohibition Act, 1961 , allowed – The phenomenon of false implication by way of general omnibus allegations in the course …
Practice and Procedure – A Tribunal or a Court is invested with such ancillary or incidental powers as may be necessary to discharge its functions effectively for the purpose of doing justice between the parties and, in absence of a statutory prohibition, in an appropriate case, it can recall its order in exercise of such …
Representation of the People Act, 1951; Section 83 – Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset. Defects in an election petition …
K Babu vs M Swaraj 2024 INSC 103 – Representation of the People Act – Election Petitions Read More »
Criminal Trial – Presumption of Innocence – There is a presumption of innocence in favour of the accused, unless proven guilty. The presumption continues at all stages of the trial and finally culminates into a fact when the case ends in acquittal. The presumption of innocence gets concretized when the case ends in acquittal. It …
Pension – Pension is earned by a government servant in lieu of tireless service rendered by him / her (as the case may be) during the course of their employment; and often is an important consideration for person(s) seeking government employment -Raison d’etre qua the grant of pension by the State Government would inextricably be …
Appellant convicted by Trial Court in relation to offences punishable under (i) Section 323 read with Section 34; and (ii) Section 325 read with Section 34 of the IPC -The appeal is allowed in part and the Impugned Order is modified to the extent that the Appellants’ sentence is reduced to the period already undergone …