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Supreme Court: Courts Cannot Prepone Date Of Hearing Without Giving Notice To Other Party
When the defendants had appeared in the suit, the act of preponing the date without notice to them or their advocate was completely illegal and contrary to elementary principles of natural justice.
Law Web2h
Supreme court: Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn't Filed
without waiting till 30th May, 2002, on 3rd May 2002, without issuing notice to the defendants, the suit was taken up by the Trial Court, and an order of striking out the defendants' defence was ...
Law Web2h
'Highly Objectionable': Supreme Court Criticises Patna HC Remark That Widow Has No Use Of Make-up
State of M.P. , Labh Singh v. State of Punjab and Suratlal v. It is stated that the post-mortem report indicated that halfdigested food was found in the stomach of the deceased, whereas, Doman Tenti, ...
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Madras HC: It is not necessary to examine attesting witness to prove agreement of sale
If the revisions are allowed and the prayers are granted, the plaintiff will only prove that the signatures are of the attesting witnesses. As per Sections 68 to 71 of the Indian Evidence Act, the ...
Law Web1d
Supreme Court: The merits of the case cannot be considered while dealing with the application for condonation of delay in filing the appeal.
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if ...
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Whether the court can convict accused U/S 302 R/W S 34 of IPC if he was charged U/S 302 R/W S 149 of IPC?
23. In paragraph 17 of the decision of this Court in Chandra Pratap Singh v. State of M.P. MANU/SC/1100/2023 : 2023:INSC:887 : (2023) 10 SCC 181, while dealing with conversion of charge from Section ...
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Supreme Court: Under which circumstances prosecution case can not be dismissed for non examination of independent witnesses
28. Next, in order to impeach the oral evidence of P.W. 3, P.W. 4 and P.W. 5, the Appellants asserted that there is no testimony of any independent witness, despite the place of crime as per the case ...
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Whether convict can challenge conviction on the ground of conversion of charge if he fails to prove Failure Of Justice?
26. Also, it is beyond any cavil of doubt that the burden to show that in fact a failure of justice has been occasioned is on the Accused. The decision in State of Uttar Pradesh v. Paras Nath Singh ...
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Supreme Court: Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation
There are cases where clean acquittal is granted by the criminal courts to the Accused after very long incarceration as an under trial. When we say clean acquittal, we are excluding the cases where ...
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Kerala High Court Elucidates 'Organized Crime' punishable U/S 111(1) Bharatiya Nyaya Sanhita (BNS), 2023 : A Comprehensive Analysis
Muhammad Rasheed Vs. State of Kerala Decided On: 13.08.2024, the High Court of Kerala has provided crucial clarification on the interpretation of 'organized crime' under the newly enacted Bharatiya ...
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Rajasthan HC: Complainant in Case Under S 138 of NI Act is victim, he can file appeal against acquittal before Sessions Court
This application for grant of leave to file appeal has been filed by complainant-Vikram Manshani against the judgment dated 12.02.2024 passed in Criminal Case No.3108/2016, where- ...
Law Web1d
Bombay HC: As per S.193 BNSS, police must inform progress in Investigation To Informant or victim
a Circular dated 23rd August 2024 has been issued for scrupulous compliance of the provisions of Section 193 (3) (ii) & (iii) of the BNSS. The said Circular is taken on record. 6. In view of the ...