Restating the position in Gunwant Kaur v. Municipal Committee, Bhatinda (1969) 3 SCC 769, the court observed that when the petition raises questions of fact of complex nature, such as in the present case, which may for their determination require oral and documentary evidence to be produced and proved by the party concerned and also […]
The finding of fact is that the act was done by the accused with the knowledge that it is likely to cause death, and with the intention to kill the deceased. The accused was deprived of the power of self-control by grave and sudden provocation due to repeated unauthorized entry on the fields of belonging
The Supreme court granted relief of clubbing together the two suits pending before the trial court. The respondent in his application stated certain facts that were not accurate. The explanation offered by him in his rejoinder seemed reasonable more particularly when he has tendered unconditional apology in his rejoinder. No prima facie case is made
Suku, the absconding accused had formed an organization at Trichy under the name “Tamilar Pasarai” with the object of achieving separate statehood for Tamil Nadu and to blast Central and State Government buildings with bombs with a view to overawe to Government established by law. The appellant herein and 13 other accused have enrolled themselves
In Rai Sandeep v. State (2012) 8 SCC 21 , the court had an occasion to consider who can be said to be a “sterling witness”. In para 22, it is observed and held that the “sterling witness” should be of a very high quality and caliber whose version is should, therefore, be unassailable.
Referring to Shivshankar Singh v. State of Bihar (2012) 1 SCC 130, this court observed that it is evident that the law does not prohibit filing or entertaining of the second complaint even on the same facts provided the earlier complaint has been decided on the basis of insufficient material or the order has been
Non payment of maturity amount by postal department on lost 88 indira Vikas patra (“IVPs”) of the denomination of 5000 each to the purchaser. Purchaser’s complaint of deficiency of service was allowed by District Forum and State Commission. On appeal to apex Court it was held that “The matter has to be considered purely from
The age of the deceased was 35 years and he left behind five dependents, the deduction towards his personal expenditure would be 1/4th as per judgment of this Court in Sarla Verma v. DTC (2009) 6 SCC 12 and the Multiplier adopted by the MACT and High Court at 16 is appropriate. Held that the
The issue for consideration is with regard to the prosecution being vitiated because the informant is also the investigating officer in view of Mohan Lal vs State of Punjab (2018) 17 SCC 627. Held, that “the criminal justice delivery system, cannot be allowed to veer exclusively to the benefit of the offender making it unidirectional
Article 21 of Constitution of India Read More »
The facts of the case are that after bequeathing absolute and unfettered right to property to wife, the testator made it desirable to sell the property and divide the sale amount among daughter and son as per the decision of the wife. The widow instead of giving effect to the desirable part of the will
Interpretation of will considering section 82,87 and 88 of Succession act 1925 Read More »
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