Judgements

Supreme Court Half Yearly Landmark Judgements on Bail (January to June)

Bail –  While granting bail, the relevant considerations are, i.) nature of seriousness of the offense; ii.) Character of the evidence and circumstances which are peculiar to the accused,  and  iii.) likelihood of the accused fleeing from justice iv.) The impact that his release may make on the prosecution witness, its impact on the society […]

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In a case of Circumstantial Evidence, Heavy Duty is cast upon the Prosecution to prove its case beyond reasonable doubt: Supreme Court

The Supreme Court, last Friday, reiterated that there’s a very heavy cast upon the prosecution to prove its case beyond reasonable doubt while considering circumstantial evidence. Highlighting this, a bench of Chief Justice UU Lalit, Justices S Ravindra and Sudhanshu Dhulia observed, “In case of circumstantial evidence, the court has to scrutinize each and every

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Chief Examination & Cross examination of Witness must be recorded on the same day or following day: Supreme Court

The Supreme Court has reiterated that the chief examination and cross-examination of a witness must be recorded on the same day or the following day. There should be no ground for adjournment in recording the examination-in-chief/cross-examination of the witnesses.  A bench comprising Justice Ajay Rastogi and CT Ravikumar made these  observations while considering a special

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Person out on regular bail can be granted anticipatory bail in added sections if he isn\’t misusing liberty: Allahabad HC

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it is found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.

Person out on regular bail can be granted anticipatory bail in added sections if he isn\’t misusing liberty: Allahabad HC Read More »

Litigant can\’t sue his Advocate for cheating/fraud merely on losing case: Karnataka HC

The Karnataka High Court has set aside a complaint filed against an advocate by his client under sections 406 and 420 on the allegation that he did not obtain favourable orders from the Supreme Court in his case. It was held- \”The allegations now being made that since the huge amount of money has been

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Compassionate Employment can\’t be claimed several years after employee\’s death as its object is to help family to meet sudden crisis: SC

The Supreme Court of India discussed that how compassionate appointment in public services is an exception to the general rule of appointments and how it flows out of pure humanitarian consideration. A Bench of Justices MR Shah and Krishna Murari observed that the purpose of compassionate appointment is to enable the family to tide over

Compassionate Employment can\’t be claimed several years after employee\’s death as its object is to help family to meet sudden crisis: SC Read More »

Motor Accident Claim- Dependents Entitled to Compensation for loss of income even if they inherited business & properties of deceased: SC

The Supreme Court has held that motor accident compensation need not be reduced for the sole reason that the business ventures and properties of the deceased were bequeathed to the claimants. Judgment: K Ramya and others Vs National Insurance Co Ltd

Motor Accident Claim- Dependents Entitled to Compensation for loss of income even if they inherited business & properties of deceased: SC Read More »

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 »