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Others Judgments and Orders

Onus of proof is on the party asserting the affirmative, after which the opposing party has to dislodge it by proving that it is sham and fictitious

 17 July 2020

Where a sale deed for its immovable property executed by a company in favour of the wives of the directors of the company, is contended to be bogus and collusive, theCourt will be justified in piercing the veil of incorporation to ascertain the true ..

Posted in Others |   3803 hits

The failure to prove a defence does not amount to an admission and nor does it reverse or discharge the burden of proof from one party to the other

 17 July 2020

Concerning the question of burden of proof, the Court observed that the Respondents furnished only an affidavit and no other evidence was adduced to support their contentionthat they worked for 240 days in the year preceding the termination, as per S..

Posted in Others |   1371 hits

Sustainability of convictions on the basis of confessional statements

 17 July 2020

The bench was of the view that the prosecution has miserably failed to prove, beyond reasonable doubt, the charge of conspiracy against these appellants with the aid of Section 120-B of IPC. As a result, the appeals were allowed and the impugned judg..

Posted in Others |   1389 hits

Case Analysis of: Kalawati vs. Maharashtra

 17 July 2020

In view of the credible and cogent evidence of PW1 and the dying declaration, we find no merit in the present appeal which deserves dismissal, which we direct...

Posted in Others |   1031 hits

Section 17: Sahoo v. State of UP

 17 July 2020

The Court was satisfied with the series of circumstantial evidences and held that the extra judicial confession made by the appellant was proved beyond doubt by the prosecution. The oral statement made by the accused was admissible under Section 17 ..

Posted in Others |   15593 hits

The burden of proof lies on the accused to show that he/she was not present at the scene of crime

 17 July 2020

It was also observed that, even though it has been argued by the Appellant that he was not present at the time of the incident, no plea has been raised and no evidence has been furnished by him support his alibi. The burden of proof to prove his plea..

Posted in Others |   749 hits

[Motor Vehicles Act] Person In Whose Name Vehicle Stands Registered On The Date Of Accident To Be Treated As Owner: SC

 16 July 2020

In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of S..

Posted in Others |   695 hits

Unilateral withdrawal of mutual consent after time limit has elapsed

 15 July 2020

After hearing the views of the parties, the honourable city civil judge (the trial court) dismissed the petition for divorce by mutual agreement. In an appeal filed by the husband, a learned single judge of the Gujarat High Court, examined all releva..

Posted in Others |   1820 hits

A measure of social justice specially enacted to protect and inhibit neglect of women, children, the old and infirm, and falls within the Constitutional sweep of Article 15(3) reinforced by Article 39

 14 July 2020

Section 125 CrPC, is a measure of social justice and has been specifically adopted to protect women and children falls within the constitutional sweep of Article 15(3) reinforced by Article 39...

Posted in Others |   981 hits

Provision: Procedure when Investigation cannot be completed in 24 hours

 14 July 2020

According to S. 57, if a person is arrested and detained the investigation is to be completed in 24 hours. But, in a case where an investigation cannot be completed in this fixed time period and, there exists sufficient ground for believing that the ..

Posted in Others 1 comments |   1589 hits

Provision: Postponement of issue of process by any Magistrate

 13 July 2020

An inquiry under Section 202 of the Code is not in the nature of a trial for there can be in law only after process is issued to the accused. The said proceedings are not strictly proceedings between the complainant and the accused. A person against ..

Posted in Others |   1030 hits

Delhi HC Takes Suo Motu Cognizance Of Video About Failure Of COVID-19 Helplines And Issues Directions To Delhi Government And Centre

 11 July 2020

In a fresh and interesting development, the Delhi High Court just recently on May 26, 2020 in a notable judgment titled Court On Its Own Motion vs State Of NCT Of Delhi & Ors in W.P.(C)3250/2020 after taking suo motu cognizance of the grievances face..

Posted in Others |   709 hits

Registry Is Part And Parcel of The System: SC

 11 July 2020

In a fresh, welcome and interesting development, the Supreme Court has just recently on July 6, 2020 in a latest, landmark and extremely laudable judgment titled Reepak Kansal vs. Secretary-General, Supreme Court Of India & Ors. in Writ Petition (Civ..

Posted in Others 1 comments |   780 hits

Accused Is Entitled To Be Heard In A Revision Petition Against Dismissal Of Protest Petition: SC

 11 July 2020

It is good to see that the Supreme Court just recently on June 18, 2020 in a latest, landmark and laudable judgment titled Subhash Sahebrao Deshmukh vs Satish Atmaram Talekar And Others in Criminal Appeal No. 2183 of 2011 has reiterated yet once agai..

Posted in Others |   1496 hits

Need for guidelines to prevent sexual harassment at workplace

 11 July 2020

Whether there was a need to consider settled law and guidelines with regard to prevention of sexual harassment at workplace?..

Posted in Others |   1001 hits

When a fact pleaded in a plaint is not specifically denied but mere ignorance about its existence is pleaded, it amounts to admission unless by necessary implication it amounts to denial

 10 July 2020

The Apex Court while citing O.VIII, R 5, C.P.C. which provides that every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant,shall be taken to be admi..

Posted in Others |   976 hits

Case law: The Hindu Marriage Act, 1955

 09 July 2020

After findings by the Court and a failure of the appellant to prove the claims of adultery by the respondent, and the fact that she was in a relationship before marriage is meaningless. The Court held that no such act of the respondent leads to a bel..

Posted in Others |   1596 hits

Whether a particular community or sect of that community can claim right to add to noise pollution on the ground of religion

 09 July 2020

Upon hearing the parties, the Court upheld the HC’s decision and stated that, reciting prayers would be an essential part of the religion but using loudspeakers to recite is not necessary..

Posted in Others |   760 hits

Animal welfare and rights

 09 July 2020

The court as upheld the right to life of an animal, on moral, ethical, biological and religious grounds. The court was of the view that animals cannot be torutured on the grounds of human pleasure...

Posted in Others |   887 hits

Chiranjit Lal Chowdhuri vs The Union Of India And Others

 09 July 2020

Any act formulated must follow the proprtionality test and the Wednesbury principles in order to fall within the constitutional ambit of Article 14. The Act here is appropriate and necessary as per the proprtionality test and also reasonable, devoid ..

Posted in Others |   7209 hits