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Streamlining The Recording of
Victims/Witnesses Testimonies Of Foreign Nationals Highlighting the importance of efficient
recording of witness testimonies in a criminal trial, the Delhi High Court has
issued a series of directions for collecting the evidence given by
victims/witnesses, who are foreign nationals, in cases of sexual assault. The Division Bench of Justice Manmohan and
JusticeRead More…
Consumer Forum Has No Power To
Extend Time Beyond 45 Days For Opposite Party’s Version : SC Constitution Bench The Supreme Court on
Wednesday held that the time period for filing opposite party’s version in
Consumer case cannot be extended beyond the period of 45 days prescribed under
the Consumer Protection Act. The Court held that
Consumer Protection Act 1986 did not empower the Consumer Read More…
कार्ट ने कहा- यह रेयर आफ रेयरिस्ट नहीं बल्कि
रेयरेस्ट अआफ रेयर केस
भास्कर न्यूज | दुमका
छह साल की बच्ची की सामूहिक दुष्कर्म के बाद हत्या करने के
मामले में Read More…
Dr. Madhav Vishwanath Dawalbhakta & ors. v. M/s. Bendale Brothers In the above name case, the Bombay High Court accepted the delivery of summon sent through WhatsApp message. It accepted this substituted service of summon. Justice GS Patel remarked that not only the WhatsApp message but also the attached document in PDF format was opened by the recipient, hence the same was deemed to bRead More…
The Supreme Court has finally approved the use of A4 size papers for filing documents, with print on both the sides. Presently, all the filings in the SC have to be made on legal size paper, with single side print. A decision to this effect has been taken in environmental interest, in a meeting of the Committee for Rationalization of Use of Papers in the Supreme Court of India and for IntroducRead More…
The Supreme Court has held that the conviction of an accused in Rape Cases cannot be done on the basis of sole testimony of the Prosecutrix unless she passes the test of “Sterling Witness”. The Judgment rendered by a Bench comprising Justices Ashok Bhushan & M.R. Shah has held that in order to convict an accused on the basis of solitary evidence of the Prosecutrix, the evidence mRead More…
The Supreme Court has observed that a petition filed by a wife under Section 125 of the Code of Criminal Procedure who was earlier granted permanent alimony under Section 25 of the Hindu Marriage Act, cannot be entertained. In this case, the wife’s petition seeking divorce was allowed and the appeal against the same was pending before the High Court. The Court, while allowing the divorce petitRead More…
The Supreme Court has observed that defence of the accused that the cheques were given by way of security is not believable in absence of further evidence to rebut the presumption. The bench of Justices Ashok Bhushan and MR Shah reiterated that, once the issuance of the cheque has been admitted and even the signature on the cheque has been admitted, there is always a presumption in favour of tRead More…
The Supreme Court has observed that an arbitration clause in an agreement which is required to be duly stamped, was not sufficiently stamped, cannot be acted upon by the Court. In this case, one of the parties to the agreement filed a petition under Section 11(6) of the Arbitration Act before the High Court of Karnataka.The other party, entered appearance and contended that the lease deed beinRead More…
The Supreme Court has observed that the parental responsibility of the couple does not end even if there is a breakdown of marriage. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems, remarked the bRead More…
The Supreme Court has observed that the right to pension is covered under a right to property protected under Article 300A of the Constitution of India and it cannot be taken away by a mere executive fiat or administrative instruction. “The right to receive pension has been held to be a right to property protected under Article 300A of the Constitution ” The issue considered by the Apex CouRead More…
The Supreme Court has observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation. In this case, a maintenance petition filed by a wife was dismissed on the grounds that the marriage was a nullity because the marriage had taken place while an appeal filed by herRead More…
The Supreme Court has observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act can only be done after adducing evidence. The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offence. On behalf of the acRead More…
Passport can only be impounded by the concerned Passport Authorities. The Supreme Court has reiterated that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. The Court was considering the appeal filed by the Enforcement Directorate against the Bombay High Court order upholding the order of Special Judge who direcRead More…
Case Name: Sanjeev Kapoor v. Chandana Kapoor & Ors Case Number: Criminal Appeal Nos. 286 of 2020 Application of Section 362 can be relaxed in proceedings under Section 125. The Supreme Court of India has held that a Magistrate who passes an order on settlement between parties under Section 125 of the Code of Criminal Procedure (CrPC) has the power to recall or set aside the Order iRead More…