Delhi Liquor Policy Scam: SC directs Bharat Rashtra Samithi’s K Kavitha to move before Trial Court for bail
K Kavitha, MLC, Telangana Legislative Council, was arrested on 15-03-2024 by the ED.
Trial Court
Never Reported Judgment | Illicit relation and conceiving a child prior to the date of marriage does not lead to presumption of marriage [(1952) 2 SCC 720]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on presumption of marriage.
Delhi High Court denies bail in alleged forced trafficking and prostitution ring involving Uzbekistan nationals
Delhi High Court noted that the trial in the instant case is at a very initial stage and charges have not been framed yet by the Trial Court, and there are 34 prosecution witnesses to be examined who are prone to influence and pressure.
‘Mere recovery of amount cannot prove alleged demand of bribe’; Telangana HC sets aside conviction against Sub-Inspector of Police
“The Investigating Officer becomes functus officio when charge sheet is filed after investigation, unless there will be further investigation under Section 173(8) of the Criminal Procedure Code, 1973.”
‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs
“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”
Prosecution Witness entitled to benefit of Section 132 of Evidence Act and Section 307 CrPC; Calcutta High Court sets aside trial court’s order
Calcutta High Court emphasised the need for the trial court to adhere to legal procedures and directed to proceed with the trial from the date preceding the date of the order under revision.
Never Reported Judgment | Mortgage and cash credit transaction are independent transactions; unliquidated damages for breach of one cannot be set-off against another [(1952) 2 SCC 542]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on mortgage transaction.
Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement
The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.
Calcutta High Court dismisses Revisional Application on claim of collusion and fraud; Case to proceed for Trial
The Calcutta High Court clarified that rejection of the plaint is not warranted based on allegations of collusion or lack of cause of action, which are factual issues to be determined during the trial.
Never Reported Judgment | Claim of adverse possession cannot be sustained on basis of discontinuous and irregular acts [(1952) 2 SCC 468]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on claim of adverse possession.
Never Reported Judgment | Prayer to rescind partition on ground of fraud cannot be entertained after several years, when party had access to accounts for due diligence [(1952) 2 SCC 316]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.
Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
Trial Court must not issue process in a mechanical manner by simply filling the blank spaces in the printed proforma: J&K and Ladakh HC
Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.
Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
Orissa HC upholds Brother’s conviction for impregnating minor sister
“A brother for a sister is a protector, confidant and a lifelong friend. They share a unique bond that nothing can replace. A sister is a treasure beyond measure for the brother whereas a brother is a hero in disguise and a role model for the sister”.
Never Reported Judgment| Price paid less than market value in transfer of property cannot convert a genuine transaction into a sham one [(1952) 1 SCC 127]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Transfer of Property Act, 1882.”
Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
Islamabad Court finds former Pakistan PM, Imran Khan guilty of corrupt practices in Toshakhana case; sentenced to 3-years prison
It was alleged that during his tenure as Prime Minister, Imran Khan had deliberately concealed the details of the gifts he retained from the Toshakhana.
Never Reported Judgment | When contract is not for delivery of goods in installments, supplier cannot treat non-payment of goods as ground for non-delivery of balance goods [1951 SCC 267]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on breach of contract.
[POCSO] | Consideration of bail plea cannot be deferred indefinitely simply because the victim is keeping herself away from appearing in Court: J&K and Ladakh HC
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”