Judgements

Criminal Trial – The same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es). (Para 20) Mahendra Singh v. Sate of M.P., AIR 2022 SC 2631. Criminal Trial – Murder – Where, however, the only evidence against an accused person is the recovery of stolen […]

The Supreme Court ruled that, less valuation made in the claim petition would not be impediment to award just compensation exceeding the claimed amount.The bench of Justices Sanjiv Khanna and J.K. Maheshwari was dealing with the appeal challenging the judgement passed by the High Court contending that the High court erred in assessing the amount

In a significant judgement, the Supreme Court on Tuesday held that no offence for dishonor of cheque under section 138 of NI Act is made out if the cheque is presented for the full amount without endorsing the part-payment made by the borrower after the issuance of the cheque. The court held that the sum

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under section 306 of the Indian Penal Code. In cases of alleged abetment of suicide there must be proof of direct or

The Supreme Court observed that the inherent powers under section 482 Cr.P.C can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case.“The provisions of section 173(8) Cr.P.C do no limit or affect such powers of the High Court to pass an order under section 482 Cr.P.C for

Recently the Gauahti HC ruled that, if a customer discloses sensitive information resulting in a fraudulent transaction, Bank cannot held liable for loss, if any suffered by the customer. The bench of Justice Suman Shyam  was dealing with the petition challenging the order issued by the Ombudsman, Reserve bank of India, Guahati, rejecting the complaint

Recently, The Bombay HC ruled that FIR can be quashed in case of non-compoundable offence if it brings peace and secures ends of justice.The bench of justice Vibha Kankanwadi and Rajesh S. Patil was dealing with the application filed for quashing FIR registered for the offence punishable under section 498A, 323, 504, 506 r/w section

Code of Criminal Procedure, 1973: section 154– There can be no second FIR where the information concerns the same cognizable offence alleged in the first FIR or the same occurrence or incident which gives rise to one or more cognizable offences- Once an FIR has been recorded, any information received after the commencement of investigation

Penal code, 1860, section 34– A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act. If the final outcome or offence committed is distinctly remote and unconnected with the common intention, he would not

Evidence Act, 1872; Section 27 – Accused\’s statement recorded on a DVD and played in Court – Such a statement is in the nature of a confession to a Police Officer and is completely hit by the principles of Evidence Act. If at all the accused were desirous of making confessions, the Investigating Machinery could