Admittedly,Sub section (2) (b) provides for the mode of succession to the property of female Hindu which she had inherited from her husband and State s that the property goes to her husband s h...

Distribution Of Properties Amongst Heirs Section 3(2) of the Hindu Women's Right to property Act ,1937,confers an interest in a female Hindu undivided family property governed by the Mitakshar...

In the instant case, there are two rival claimant's, one her brother and the other alleging to be husband of the deceased. Court found that the person alleging husband was not proved nor his ma...

In view of section 5 and 11 of the Act, it must be Held that the marriage between both the parties after the commencement of the the Act . Therefore, considering that the marriage between husba...

There can be no dispute regarding the position of Law that after the insertion of Sec 6A in the Hindu Succession Act,1956 by the Karnataka ( amendment) Act No 23 of 1994, an unmarried daughter ...

In the contextual facts, the situation however was slightly different and since the wife alone could explain the death of the husband in the manner as it was noted. The crowbar was not availabl...

Much Reliance was placed by the prosecution regarding the recovery of dead body at the instances of the accused which was alleged to be the recovery made u/s 27 of the Evidence Act. The evidenc...

Delay in examination of witnesses: The delay was on account of the fact that the I.O wanted to assure himself of the veracity of statement of daughter of deceased and hence ,she was examined a...

In this case, the prosecution had been able to establish beyond reasonable doubt the following circumstances: On 19.12.1992 at about 6.30 PM when J was in his tea stall,he was called by a...

In the case of Suresh and another vs State of U.P, a three Judge Bench of Supreme Court whole considering the scope of section 34, referred to and related upon the ratio in Mohan Singh ( supra)...

As far as general credibility of the victim is concerned,court had very carefully assessed her evidence and the court did not find that apart from the variation that had not not been referred t...

The father of victim received information that the victim was last seen in company of accused from some other person s, But the person s informing the father of victim were not examined as witn...

The trial court as well as the High Court ,had after critical examination of their statements, rightly concluded that they were the truthful witnesses and that all the appellant s in these appe...

Where a decree of Divorce was granted to a husband on the ground of desertion by the wife,it was held that the wife is not disentitled to get the alimony though her conduct may be considered in...

Transfer withdrawal of from High Court for hearing by Supreme Court. This is a rather unusual case it can hardly be disputed. The divorce petition has been pending for more than 8 years. With a...

>Wife has utterly failed to prove any ground to seek divorce. There is no reliable evidence of record to prove that the conduct/ behaviour of the husband has become intolerable for the wife or ...

In a murder case the testimony of eye witnesses, delay in disclosure of statement by witness who was not listed in police report/ Charge sheet - he gave his statement to police on an affidavit ...

The evidence relating to the motive of the occurrence and found that the respondent who had married the deceased as his second wife had not only entertained a suspicion about her fidelity but w...

Original forged documents in court to satisfy counsel that copy of that document used as annexure to Affidavit was correct copy document held not produced in court section 195 not attracted. ...

Power of Police Officer u/s 173(8) Crpc is unrestricted. Needless to say, Magistrate has no power to interfere,but it would be appropriate on the part of the investigating Officer to inform the...

Even conceding that the applicant was not told the reason s of the arrest as required u/s 50(1) of the Crpc, his prosecution before the Magistrate was made with an allegation of his involvement...

When the complaint is dismissed u/s 203 of the code at the stage of section 200 itself or on completion of enquiry by the u/s 202 Crpc or in receipt of the report from the police or from any pe...

Bail once granted can't be cancelled unless cogent case, based on supervening event nade out. Ms X v State of Telangana, AIR 2018 SC 2466 The provision of Prevention of Money Laundering Act, 2...

Under the general Law of the land, as reflected in the Evidence Act,no confessions made to a police officer, can be proved against an accused. Confessions leading to discovery of a fact which i...

In SBP and Co v Patel Engineering Ltd, and another, reported in 2005,8 SCC ,618: ( AIR2006 SC 450, the Honble Supreme Court held that dragging a party to an arbitration when there existed no ar...

A full Bench of the Kerala High Court in S.K.D Lakshmanan Fire Works Industries vs K.V Sivarama Krishnan has discussed the scheme of the provision s in chapter XVII of the Negotiable Instrument...

In D. K Basu vs State AIR 1997, SC 610, where law relating to arrest has been dealt with more exhaustedly and direction given therein have been ordered to be followed mandatorily. The relevant ...

Section 151- Section 107 and 151 if Crpc are, in terms , preventive, not punitive, - conditions in section 151 must be met for its in vocation - A Police Officer could effect an arrest without ...

In determining the quantum of maintenance in favour of a child, the fact that the mother has seperate earning s is not a relevant consideration in determining the quantum of the child. In f...

In Gorakshanath Khandu vs State 2005 Cr LJ 3158,the family court, Pune fixed the maintenance at the rate of Rs 1500 to the wife and minor daughter, Rs 2400/- fell in arrear and as such,a warran...

The expression wife in sub section (4) whether includes a divorced wife ? The expression of Wife in sub section (4) of section 125 does not have extended meaning of including a women who has be...

The Supreme Court has consistently highlighted the reason s , objects and means of prompt lodging of FIR Delay in lodging FIR more often than not, result s in em embellishments and exageneratio...

PW 6, Circles Inspector of Police, deposed that during the course of investigation, he arrested the Accused on 22.5.1999 and seized the property pertaining to the crime s in presence of the med...

Section 340 of Crpc, prior to amendment in 1973, was section 479-A in the 1898 Code and it was mandatory under the pre amended provision to record a finding after the preliminary inquiry regarding ...

In Modi's book of Medical Jurisprudence and Texicology, edited by CA Franklin, twenty - first edition and also Parikhs Text Book of Medical Jurisprudence and Texicology edited by Dr CK Parikh q...

While exercising jurisdiction u/s 482 of the code, the High Court would be ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether in a reasonable appre...

The proceedings u/s 125 Crpc, and the related proceedings are in civil nature. This has been held by the Supreme Court in Nand Lal vs Kanhaiya Lal , and Jasbir Kaur vs Jaswant Singh, even thoug...

From bare perusal of Section 125(3) Crpc , it becomes clear a person against whom an order under section 125(3) Crpc was made does not become liable to imprisonment on passing of an order of main...

Order IX Rule 9 CPC provides that where a suit is dismissed for the plaintiff s non appearance even though the defendant had appeared when the suit was called for hearing, the plaintiff is not ...

Issue involved regarding ownership based on interpretation of Documents constitute substantial question of law. Second Appeal can't be dismissed in limine. Existence of a substantial question o...

Primary object of FIR is to set criminal Law in to motion and it may not be possible to give every minute details with unmistakable precision in the FIR. FIR it self is not the proof of a case ...

FIR prima facie disclosing commission of alleged offences against accused persons can be quashed in part by HC going in to minutes' details of the case. Filing of second FIR against same accus...

Section 202 of the Crpc does not permit an Accused person to intervene in the course of inquiry by Magistrate u/s 202 . When the complaint is dismissed u/s 203 of Crpc at the stage of section ...

Judicial confession is admissible in evidence and is a relavent fact: Further held , judgement of conviction can also be based on confession if it is found to be truthful, deliberate and volunta...

Accused produced before the Magistrate straight away from the police custody: Magistrate ordered the accused to be sent to judicial custody for two days for self introspection - although the...

The power of Appellate Court under sub section (1) of Section 389 Crpc have to be interpreted and under stood in a broader sense. There may not be an express provision for empowering the Appell...

The provisions of the section 386 Crpc empowers the Appellate Court that after perusing the record and hearing the parties, if it appears that there are sufficient grounds to interfere with the...

It was a we'll settled position of Law that a conjoint reading of section s 377,386,397 and 401 would indicate that if the State Government about inadequacy of sentence, it can prefer an appeal...

To have a speedy justice was a fundamental right, which Followes from Article 21,of the constitution. Prolonged delay in disposal of the trials, and there after appeals in criminal cases, for n...

Substantive piece of evidence is evidence of witness in court on oath- to say that photo identification is hit by section 162 Crpc is wrong- even TIP before Magistrate would otherwise be hit hi...

Although a dying declaration recorded by a police officer, during the course of investigation is admissible under section 32 of the Indian Evidence Act, in view of the exception provided in sub...

The High Court or the Court of Session can not stay arrest of an accused person, because no such power flows either from Section 438 ,or from any other provision of the code, including section ...

While enacting similar provision s in the Crpc, the parliament thought that the revisioal jurisdiction should not be concurrent and therefore,a provision was made in section 397(3) Crpc, that i...

The first informant or the complainant in proceedings seeking grant of anticipatory bail neither can be considered as necessary party nor a proper party and has no locus standy to be heard. It ...

Under the provision of Section 389 Crpc , there was no express provision empowering the court to insist deposit of fine amount. In default of deposit of fine amount additional sentence of impri...

As a broad proposition, it can be stated that interference may be justified: (a) where decision is erroneous (b) where there was no compliance with the provision of Law (c) where the findin...

While dealing with an appeal against acquittal, the power of Appellate Court is no less than the power exercised while hearing Appeals against conviction. In both types of Appeals the power exi...

Article 132 deals with Appellate Jurisdiction of the Supreme Court in Constitutional cases. It must be read with under Article 134 A( inserted by the Constitution 44th Amendment Act 1978, under...

Article 32 of the constitution confers power on the Supreme Court to issue direction s or order or writs , including Writs in the Nature of Habeuas corpus , mandamus, prohibition, qua warranto,...

Lawyer should defend a person accused of a crime regardless of his personal opinion as to his guilt.A party has a right to have his case decided upon the law and evidence on record. The supplem...

Whether section 6(a) of the Hindu Minority & Guardianship Act 1956 read with section 19(b) of the Guardian Constitution and Wards Act,1890, violative if Articles 14 & 15 of Indian Constitution,...

The Honble Supreme Court while invoking Article 142 of the Constitution of India observe that to do complete justice,it can override even the Laws made by the parliament or where the Law of sta...

A person bringing the action has sufficient interest to maintain an action of public injury.The injury must have arisen because of breach of public duty or on violation of the constitution or o...

While exercising the power of judicial Review, in respect of contract s entered in to on behalf of the State, the court is concerned primary, as to whether there has been any infirmity in the d...

The purpose of judicial Review of administrative action is intended to prevent Arbitrariness and to check whether the choise or decision is made lawfully and not to chek whether the decision wa...

When petition seeking grant of leave to appeal is dismissed, it is an expression of opinion by the Court that a case for invoking appellate Jurisdiction of the Court was not made out. If the...

The Supreme court of India in Kamlesh Verma vs Mayabati 2013,8 SCC 320 laid down the following grounds of Review as stipulated by the statute in Civil Matters When the Review Petition is...

Annulment Of Marriage - Power Of High CourtExpression of choice in accord with law is acceptance of individual Identity. Curtailment of that expression and the ultimate action emanating there fro...

The criminal procedure code 1973 empower the Government to suspend, remitt a sentence or commute the sentence awarded to him by any court regarding any offence and the appropriate Government ma...

Imprisonment for life generally means that the convict will be punished with imprisonment for his life (Natural life) unless it is remitted or commuted. This interpretation was given by the cou...

Lalita Kumari ( 2014) 2 SCC, O1 The provision of section 154(1) Crpc must be read in the light of articles 14, 19 and 21 which provides that no innocent citizens be subject to malicious prosec...

The circumstances from which the conclusion of guilt is to be drawn should be fully established.   The facts so established should be consistent with the hypothesis of the guilt of the...

Involvement of moral turpitude or delinquency to be examined for deciding gross negligence. Conduct of advocate contrary to honesty or good morals or conduct which is unethical involved moral t...

The non-obstante clause in section 142(1) of the Act 1881 would ovveride S.406 Crpc. The non obstante clause was there in the original S.142 itself and was not introduced by way of the amend...

The expression misconduct a wide canvas should be adopted ( R.D Saxena vs Balram Prasad Sharma,2000,7 SCC ,264 Though parliament has not defined conduct or misconduct of advocate inspite of ...

Lawyers should defend a person of a crime regardless of his personal opinion as to his guilt.A person has a right to have his case decided upon the law and evidence on record. The supplementary...

Power of summoning is not to be exercised routinely, it depends on the existence of more than a prima facie case that is sine qua non to summon an additional accused. There is no gainsaid t...

Section 126/129 of Evidence Act deals with privilege communication that is attached to professional communication between the legal advisors and their clients. Section 126 & section 128 ela...

The court is empowered to alter or add charges even after the completion of evidence, argument s and reserving of the judgement,the test to be applied by the court while deciding upon an additi...

S.363 punishes the act of kidnapping and S.364 punishes the offence of kidnapping and abduction of a person in order to murder him- S. 364 A further adds to the gravity of the offence by involv...

Quashing of FIR - dispute being essential in civil nature. The appellant allegedly entered in to an agreement to sell in respect of property in dispute, but despite receiving certain amount in ...

Right to Privacy incorporates three aspects, Repose, Sanctuary and Intimate decision. Each of these is essential to the Liberty of an individual and find Resonance in the freedom guaranteed und...

Change of sides by advocate is not forbidden by Law, change of sides is forbidden if there are confidential communication by one side which may be used when the advocate represent the opposite ...