Principles summarised regarding when conviction of accused on sole testimony of victim/prosecutrix, with or without corroboration is warranted. Held, prosecutrix fully supported case of prosecution and was consistent right from very beginning. There is no reason to doubt credibility and /or trustworthiness of prosecutrix. Even after thorough cross examination, she stood by what she said and […]
Penal Code, 1860 — S. 376 — Rape Read More »
In this case petitioner wife was resident of Bengaluru and respondent husband, resident of Chennai. Petitioner wife filed two cases before the Family Court at Bengaluru i.e.: (1) petition under Guardians and Wards Act, 1890 for permanent custody of child, and (2) for restitution of conjugal rights. Respondent husband filed petition for divorce before Family
Party ineligible under S. 29-A IBC to submit a resolution plan under IBC is not eligible to file an application for compromise and arrangement in terms of Ss. 230 to 232 of the Companies Act, 2013. The validity of Regulation 2-B of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, imposing such
Insolvency and Bankruptcy Code, 2016 — Ss. 29-A and 35(1)(f): Read More »
Held, University directed to granted affiliation to the petitioner colleges for academic year 2020-21 and also permit the students of petitioner colleges to participate in the special examinations to be organized by Respondent 1 University for the academic Year 2020-21 in view of the notification dated 19-03-2021.Para 11 VIIT Pharmacy college and another v. Dr.
Held, The discretion of court in directing DNA test must be exercised after balancing the interests of the parties and whether a DNA test is needed for a just decision in the matter and such direction satisfies the test of “eminent need”. Court should examine the proportionality of the legitimate aims being pursued i.e. whether
Pursuant to advertisements, after following due procedure prescribed under the 1973 Act, after approval of the recommendations made by the selection committee constituted under 1973 Act, appellants were appointed by separate orders in the yesr 2004 and 2007, resp. However appointment letters issued had arbitrary condition stated that appointment was contractual for a period of
Service Law-Determination of Substantive Appointment or contractual appointment Read More »
Set of guidelines laid down by the Supreme Court of India to surmount the discrepancies in criminal trials and set uniformity in the approaches of all session courts.The judgement came on a suo motu case of 2017 related to the “deficiencies and inadequacies” in criminal trials in the country in which it proposed to amend
All conditions as enumerated in S. 364-A must be fulfilled before recording conviction under S. 364-A. First essential condition, held, must mandatorily be established with at least any one of the three conditions mentioned thereafter also being affirmatively established, to ground conviction under S. 364-A. Thus, for offence under S.364A to be established, apart from
Knowledge acquires substantial importance qua a contempt order. There is no material to either establish their knowledge on action of their subordinates, or they acted in collusion with each other. Merely because a subordinate official acted in disregard of an order passed by court, a liability cannot be fastened on a higher official in absence
Contempt of Court — Nature and Scope of Vicarious/Constructive liability for contempt Read More »
Citizens have right to information relating to court proceedings, except in-camera proceedings. This includes the right to know the observations / remarks made by Judges during course of hearing, not forming part of judgment or binding decision, which the media is free to report. Chief Election Commissioner of India v. M.R. Vijayabhaskar and others, (2021)
Constitution of India – Arts. 19(1)(a)-right to information – open court Read More »
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