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Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.
“Even if the name of family members are not mentioned in the service book, even then they can apply for family pension to which they would be entitled, if they are qualified as per the Pension Rules.”
In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.
The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.
“Indisputably, the public good is a question of fact. Good faith has also to be established as a fact. Ergo, to prove good faith so as to constitute offence of Section 499 of IPC, trial is necessary.”
‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’
The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on retracted confession.
The Court noted that the additional issue which states that “whether the registered sale deed dated 13.7.2017 was illegally executed” already covers all the ingredients which are necessary for execution of a valid sale deed.
“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”
The Court found the order of the Appellate Court was completely bereft of any findings or reasoning for reducing the maintenance amount, and that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.
The Principal District and Sessions Judges of all the Districts Courts in Delhi are requested to sensitize the presiding judicial officers to pronounce their judgments on conviction only when they are ready for pronouncement and, in case where they are convicting the accused and taking the accused into custody, immediately supply a copy thereof, free of cost, to the accused for the accused to avail of the remedies available to them in accordance with law.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on relevance of entries in revenue records.
There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.
The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on sale of joint family property by Karta.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on rights/powers/duties of a Karta in relation to joint family property.
K Kavitha, MLC, Telangana Legislative Council, was arrested on 15-03-2024 by the ED in Delhi Liquor Excise Policy Scam.