Saikat Rahman

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence. Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S.Ravindra Bhat and Sudhanshu Dhulia observed. […]

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Judgment or Decree obtained by Fraud is to be treated as a Nullity: SC

The Supreme Court observed that a judgment or decree obtained by fraud is to be treated as a nullity. Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud, the bench of Justices BR Gavai and CT Ravikumar observed. Ram Kumar vs State of Uttar Pradesh

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An applicant can file execution even after the lapse of one year and jail can only be seen as a means of recovering the amount of arrears and not a mode of discharging liability: Supreme Court

An application under Section 125 of the Code was filed by OP 2 and it was allowed by means of an ex parte order with a direction to make payment of a monthly allowance of Rs 1,000 for life to the OP 2 and a monthly allowance of Rs 500 each to OPs 3,4,5 and 6 till

An applicant can file execution even after the lapse of one year and jail can only be seen as a means of recovering the amount of arrears and not a mode of discharging liability: Supreme Court Read More »

Denial Of Physical Relationship By Spouse Amounts To Cruelty: Chhattisgarh High Court Grants Divorce Under Hindu Marriage Act

\”The Chhattisgarh High Court has held that denial of physical relationship by one spouse to the other in a matrimonial relationship constitutes cruelty. Holding thus, it allowed the plea for divorce made by the husband in this case. A Division Bench of Justices P. Sam Koshy and Partha Prateem Sahu observed, \”it is apparent that

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Consent Of Parties Not Necessary To Dissolve Marriage On Ground Of Irretrievable Breakdown: Supreme Court

\”The Supreme Court observed that the consent of the parties is not necessary to order the dissolution of marriage on the ground of irretrievable breakdown under Article 142 of the Constitution. In this case, the High Court reversed the decree of dissolution of the marriage between a couple. The Family Court had earlier allowed petition

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Motor Vehicles Act – New Provisions On Third Party Insurance, Accident Claims To Come Into Effect From April 1, 2022

\”The Central Government has notified that Sections 50 to 57 and 93 of the Motor Vehicles (Amendment Act) 2019 will come into force with effect from April 1, 2022. A notification issued by the Ministry of Road Transport and Highways on February 25 stated : \”In exercise of the powers conferred by sub-section (2) of

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PC Act – Mere Acceptance Of Amount, Without Proof Of Bribe Demand, Will Not Establish Offence Under Section 7 : Supreme Court

\”The Supreme Court observed that the proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the Prevention of Corruption Act. The failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery

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DRI Officers Not Competent Authority To Issue Show Cause Notice U/S 28, 124 Of Customs Act: Rajasthan High Court

\”The Rajasthan High Court has held that officers of Directorate of Revenue Intelligence (DRI) are not a competent authority to issue show cause notice and adjudicate the same as \”proper officer\” under Section 28 and 124 the Customs Act, 1962. A division bench of Chief Justice Akil Kureshi and Justice Sameer Jain, rued, \”DRI officer

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Wife making discreet phone calls to another man disregarding husband’s objection is matrimonial cruelty: Kerala High Court

Wife making discreet phone calls to another man during odd hours of the night, disregarding the warning of the husband amounts to matrimonial cruelty, the Kerala High Court observed while allowing a plea for dissolution of marriage. The judgment which was rendered in August 2021 said that physical violence is not absolutely essential to constitute

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A detenu has a fundamental right under Article 22(5) that the grounds on which a detention order has been made against him, be communicated to him as soon as may be and in a language which the detenue understands in a language which the detenue understands: Delhi High Court

The Delhi High Court on Friday laid down the legal position regarding the detaining authority\’s obligation to communicate to a detenu the grounds of detention. A division bench comprising of Justice Siddharth Mridul and Justice Anup J Bhambhani observed the following: – A detenu has a fundamental right under Article 22(5) that the grounds on which a

A detenu has a fundamental right under Article 22(5) that the grounds on which a detention order has been made against him, be communicated to him as soon as may be and in a language which the detenue understands in a language which the detenue understands: Delhi High Court Read More »