In the Supreme Court’s case relied upon by both the Advocates it has been held as under :–“The adversary system of trial being what it is there is an unfortunate tendency for a Judge presiding over a trial to assume the role of a referee or an umpire and to all the trial to develop
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For proving the offence of forgery u/s.465 of IPC, it must be proved as to who did it
To prove the offence of criminal conspiracy punishable under Section 120B, IPC, it is settled that a person cannot enter into a conspiracy with himself. In this case, the other two accused stands acquitted and were not convicted, and judgment of their acquittal has attained finality. [Para No.23] A perusal of the evidence proved…
voluntary presents given at or before or after the marriage to the bride or the bridegroom, out of love and affection is not dowry
It is needless to say that in a case of cruelty and dowry death, direct evidence is hardly available. It is the circumstantial evidence and the conduct of the accused persons which are to be taken into consideration for adjudicating upon the truthfulness or otherwise of the prosecution case. In the instant case it is…
Continuous and consensual sex between two adults cannot be considered as Rape
Upon considering the arguments and on perusal of the records, it goes to show that admittedly the victim and petitioner are major and they are Central Government employees. The petitioner is working as Superintendent of Central GST, West Commissionerate, Banashankari, Bangalore and the victim is working at the Office of the Central GST, East Commissionerate,…
After lapse of previous rent agreement if fresh rent agreement is not created, then the landlord can recover last payable rent but not the enhanced rent
The finding by both the learned Courts below on issue no.3 has been taken up for examination. In this regard, at the outset it must be seen that how far the Agreement for House Rent dated 29.02.2000 (Ext.3, also marked as Ext.D) can be read to determine the quantum of monthly rent for which the…
Misuse and or abuse of powers by public servant is not a part of their official duties so no protection u/s.197 of CrPC is available
If the authority vested in a public servant is misused for doing things which are not otherwise permitted under the law, such acts cannot claim the protection of Section 197 Cr.P.C. In the light of the principles laid down in the judgment referred supra, this Court has to analyse the materials on record. I…
When counsel reports no instructions, it is the duty of the Court to issue notice to the party concerned before proceeding further in the matter
Every litigant ought to be afforded an opportunity of deciding the issue involved on merits without the same being scuttled on mere technicalities In the said backdrop, if the decision in Smt. Garuda Sakuntala (supra), as relied upon by the learned advocate for the appellants – plaintiffs is taken into consideration, it held therein…
Cr.P.C. does not provide any provision for service of summons through Whatsapp
Going by Section 65 of Cr.P.C, if service could not be effected as provided under Section 62, the serving officer shall affix one of the duplicates of the summons to the conspicuous part of the house or homestead in which the person summoned ordinarily resides. Thereafter, the court should make such enquiries as it thinks…
Judicial discretion cannot be so liberally exercised as to condone the delay where no cause is made out or the cause ascribed is unworthy of acceptance
The sufficient cause should be such as it would persuade the Court, in exercise of its judicial discretion, to treat the delay as an excusable one A profitable reference in this context can be made to a judgment of the Supreme Court in the case of Balwant Singh (dead) Vs. Jagdish Singh and others, …
No contract employee has any vested right to continue or to have his or her contract renewed
From the aforesaid observations which have been made by the Apex Court on the status of honorary employment in the service, it appears to this Court that it is not open for the petitioner to claim any relief, as tried to be sought in the present proceedings. Since throughout has accepted the status as honorary…