Thursday, May 9, 2024

Leading Cases

A Judge is the pillar of entire justice system and public has a right to demand

A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise.

Period of separation should be sufficiently long, and anything above six years

Supreme Court OF India Smt. Roopa Soni Vs. Kamalnarayan Soni DATE: 06/09/2023 Acts: Hindu Marriage Act, 1955 Judgment M.M. Sundresh, J. 1. Leave granted. 2. Section 13(1) and 13(1A) of the Hindu Marriage...

A conviction can be solely recorded on the basis of a trustworthy and reliable dying declaration

A conviction can be solely recorded on the basis of a trustworthy and reliable dying declaration Supreme Court OF India Phulel Singh Vs. State of Haryana DATE:...

Service of summons u/s 125 of CrPC by registered post is barred and ex-parte

PATNA HIGH COURT Mohd. Mustkim @ Bhola vs Bibi Anuja Khatoon Equivalent citations: 1997 (2) BLJR 1405 DATE: 12 September, 1996 ACTS:  SEC 125 AND 62 Code of...

Courts can always direct the prosecution to provide a translated version of the

When the accused is represented by an advocate who fully understands the language of the final report or charge sheet, there will not be any requirement of furnishing translations to the accused as the advocate can explain the contents of the charge sheet to the accused. If both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, then the question of providing translation may arise. Central Bureau of Investigation Vs. Narottam Dhakad & Anr.

It is well settled that the final judgment of the trial Court will depend on the evidence adduced before it

Supreme Court OF India Riya Bawri Etc. Vs. Mark Alexander Davidson & Ors. DATE: 23/08/2023 Acts: Sections 138, 141 & 142 of the NI Act and under...

Yadaiah and Anr. Vs. State of Telangana and Ors (01/08/2023)

Any determination, despite being deliberate or formal, cannot give rise to application of the doctrine of res judicata if they are not fundamental in...

Prakash Aggarwal Vs. Ganesh Benzoplast Ltd. and Anr (28/04/2023

SUPREME COURT OF INDIA Prakash Aggarwal Vs. Ganesh Benzoplast Ltd. and Anr. DATE: 28/04/2023 ACTS: Section 403, 406, 420 and 120B of the IPC JUDGMENT B.R. Gavai, J. 1. Leave...