ADR's motive is to provide socio-economic and political justice, and to maintain integrity in society as enshrined in the preamble. ADR also strives to achieve equal justice and free legal aid ...

Article 39A of the Constitution, which is a Directive Principle of State Policy, provides that the State shall, in particular, direct its policy towards ensuring that the citizens, men an...

The scope of the right to life conferred by Article 21 is wide and far reaching. It does not mean merely that life can not be extinguished or taken away, as, for example, ,by the imposition and exe...

When the State did not file an appeal against the order of acquittal, the de facto complainant was left without any remedy. Given the facts and circumstances of the case, he had no alternative but ...

The sweep of the right to life conferred by Article 21 is expansive and far-reaching. It does not merely imply that life cannot be extinguished or taken away, as, for example, by the imposition and...

Before a person accused of an offense punishable under the TADA Act can be released on bail, two conditions must be fulfilled: The Public Prosecutor must be given an opportunity to oppose the...

As a court of appeal, the Supreme Court is the final appellate tribunal of the land. The power of reviewing and revising the orders of courts and tribunals by the Supreme Court is called Appell...

Submission that the fact that one of the accused arrested along with accused appellant had died in police lock up shows physical torture by police - such submission raised before Supreme court ...

Though the word Person defined in the Indian Penal Code ( S.11) and the General Clauses Act ( 3(42) which are identical and are not exhaustive but an inclusive one, the wirds acused or accused ...

Writ Petition in Public Interest A writ petition in public interest invoking extraordinary original jurisdiction under Article 32 of the Constitution read with Order XXXVII Rules 1 and 12(1) (d) (...

The Modus Operandi For Filling A PIL Can Be Divided In To Two Ways: Filing: A PIL is filed in the same manner as a writ petition is filed either in the Supre Court ( Article 32) or in the Hi...

Quo Warranto: Unveiling Authority The term "Quo Warranto" originates from Latin, meaning "by what authority or warrant." This legal concept involves a writ issued by a court ...

In the following cases where the evidence of the approver was not found natural and was not corroborated by other evidence on the record, the accused were acquitted of the charge under Section ...

They are discretionary writs, but the principles for issuing such writs are well defined. In the preconstitutional era, the jurisdiction to issue the prerogative writs was enjoyed only by three cha...

As the confession was retracted later, it does not necessarily mean that the confession was not voluntary in nature. Whether the accused willingly gave the confession or not must be determined from...

Under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA), a confessional statement recorded in accordance with the specified requirements becomes admissible, despite ...

Public Interest Litigation (PIL), in simple words, refers to litigation for the benefit of public interest. It can be filed in any Court of Law by any public-spirited person to protect public i...

"There is no doubt that the court below has misdirected himself and materially erred in deciding the whole matter. Admittedly, the protest cum complaint petition was treated by the Additional Chief...

The motive for the offense is discernible from the facts of the case and, for that matter, from the disclosure made by the appellants regarding their visits in search of V, whom they believed was i...

The acceptability of an extrajudicial confession is contingent upon its voluntary nature, the mental fitness of the confessor, and the reliability, trustworthiness, and irreproachability of the evi...

A judgment is the expression of the Court's opinion, arrived at after due consideration of the evidence and all the arguments. Judgment is the final decision of the court, intimated to the parties ...

Scope and evidentiary value of statement - The scope and evidentiary value of the statement recorded under section 67 of the Act can be summarised as under: Statements in the form of confess...

Where appellants and other accused were found together ,but were individually carrying black liquid prima-facie smelling of opium. FSL report was that black substance recovered had 2.8 per cen...

Confession - A confession no doubt can be used as corroborative material but inn the face of the infirmities in the prosecution case ,implicit reliance can not be placed to hold that the prosec...

The expression takes cognizance if an offence used in section 142 of the Act has not been defined. The section 190 of the code of Criminal Procedure also deals with cognizance offences by Magis...

The Supreme Court of India established by Article 124 of the Constitution which specifies it's jurisdiction and power's and enables Parliament to confer further Jurisdiction and power's on it. ...

Where victim child aged two and half years of age and she had gone to buy Toffea and Gutkha with the permission of her mother and the accused was last seen by the shopkeeper and other witnesses w...

All constitutional functionaries have their own constitutional duties in making appointment of judges to the superior judiciary, the role of one of the principle constitutional functionaries, n...

It was no doubt true that the underlined object behind section 313 Crpc, was to enable the Accused to explain any circumstances appearing against the accused in the evidence and his object is b...

The complainant may not disclose the fact which may attract the provision of Section 197(1) , Crpc, but it is always desirable that if a person claims the benefit of section 197(1) , Crpc, then...

There must be reasonable complaint or credible information or reasonable suspicions that the person has been conceived in any cognizable offence. Under section 151 Crpc, the arrest is to prevent t...

It is clear that first' requirements under section 9(6) of the code is that the Sessions Judges must be of the opinion that it would tend to the general convenience of the parties and witnesses...

The Law well settled fairly by the Supreme Court that the High Court will not either under Article 226/227 of the Constitution or under 482 of the Crpc quash a Charge Sheet against an accused p...

Section 362 outs a complete Bar for altering or reviewing if a judgments or final order on merits and the only power given to the Courts is that it can correct a clerical or arithmetical error....

The term family has to be understood in a wider sense so as to include within its fold not only close relation s or legal heirs but even those persons who may have some short of antecedent titl...

An order under r 4 is appealable ( Or 4 r 1(s). But order making the receiver liable for a certain sum ( Ganesh v Satya ,4 PLJ 636) or to pay a certain amount in to Court is not appealable unle...

The contention of amicus curiae was that the motive alleged by the prosecution was very weak and assuming that the incident regarding removal of appellant from the charpai by real brother of de...

The Chemical Examiner does not as rule,give opinion as to the cause of death but merely gives report of the Chemical Examination of the substance sent to him . The report by it self is not crucial....

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...

Counsel submitted that in the common object of the unlawful assembly, of which the appellant were members, could not have been to cause death of the death of the deceased but the same could hav...

Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an indiv...

Section 149 consists of two parts, the first part of section means that the offence to be committed in prosecution of the common object must be one which is committed with a view to accomplish ...

It is well settled that once it is held that that the accused had the right of private defence and reasonably apprehended that death' or grievous bodily hurt would be the consequences if the ri...

In this case the defence counsel submitted that this was a circumstances in favour of the accused who had obviously displayed affection for the deceased and when he came to know that she was de...

It was needless to emphasize that the requirement of Locus standi of a party' to litigation us mandatory, because the legal capacity of the party to any litigation whether in private or public ...

Clause (1) of the said provision goes to indicate that the seizure of the property should be by the police officer. In the instant case, the seizure, admittedly us not by the police officer but...

What would really be rashness would depend upon varying circumstances. An open straight road and narrow crowded street would require different standards. While on a narrow congested road, walking s...

In the instant case truck hit the scooterist from the wrong side who died leaving behind his widow and children. The tribunal dismissed the claim holding that the truck driver was not rash and ...

High court can not ,in the exercise of its inherent jurisdiction u/s 482 of he code set aside, the order of the Session Court passed in Revision petition. This will in another way amount to per...

Where facts necessary to satisfy the ingredients so constitute an offence under section 420 IPC, were absent in the said complaint. It was held a fit case where the proceedings are to be quashe...

Quashing of the complainant petition has been sought mainly on the ground that the Court has no jurisdiction to take Cognizance of the offence in view of the provisions contained in section 174...

Under subsection 1 of section 401 , the High Court can exercise power conferred on a court of appeal by section s 386, 389,390 and 391 or on a court of Session by section 307. The only rider is...

Under subsection (1) of section 204 Crpc, if in the opinion of the Magistrate taking cognizance of the offence, there was sufficient grounds for proceeding, the Magistrate has the power to issu...

There was no provision in the criminal procedure Code, enabling an Appellate Court to reject an appeal on the ground of no representation. No doubt under section 386 Crpc , the Appellate Court ...

If the High Court issues warrent under section 390 of the Code , following things are to be noted: That while admitting the said the said appeal ,the High Court has already exercised the d...

In State of Kerala vs M M Manikantan Nair , in Supreme Court lays down that section 362 ,Crpc prohibits the Court ,after it has signed it's judgement or final order disposing of a case,from alt...

It was clear from the frame work of the aforesaid subsection that an order under this subsection calling upon a person to furnish Interim bond can be passed only during enquiry i.e after the co...

The term Interlocutory order was explained in view of the Apex Court verdict in Amarnath vs State of Haryana, the term Interlocutory order in section 397(2) has been used in restricted sense an...

Under subsection (1) of section 401 ,the High Court can exercise powers conferred on a court of appeal by section s 386/ 389/ 391 or on a court of Session by section 307. The only rider is that...

The settled position of Law regarding the Power s to be exercised by the High Court in an appeal against the order if acquittal was that though the High court has full powers to review the evid...

In view of the gun shot injuries, sustained on the leg by the victim the accused could not be convicted under section 307 ,IPC, but since he caused hurt by a fire arm, he was held liable to be conv...

Where eye witnesses were consistent and there was no material contradictions in their Evidence s to disbelieve them ,the mere non examination of the doctor who treated the deceased did not adve...

The law obligates the competent Authority to apply it s mind to the facts and circumstances of the case before granting sanction. Before granting sanctioning authority was required to first ascerta...

The decision in A.R Antulay case was not rendered in the context of the competency , jurisdiction or authority of this court dealing with a substantial appeal against the judgments of the Court...

The admissibility or otherwise of a piece of evidence has to be judged having regard to the provision s of the Evidence Act. The Evidence Act or the Code of Criminal Procedure or for that matte...

Investigation of the case not to be hammered by granting of anticipatory Bail. The anticipatory bail was normally denied if the grant thereof would thwart the investigation of the case. In t...

The principle of proportion between crime and Punishment was a principle of just desert that serves as the foundation of every criminal sentence that is justiciable. As a principle of criminal ...

Executive Magistrate should not forget that they are also expected to act in accordance with Law with fairness and in judicious manner. Their orders and record should bear an express live conce...

The court in exercise of inherent power s u/s 482 Crpc would not embark upon the inquiry whether or not the statement of witness can be believed. It is function of the Trial Court. At appropria...

Application for taking additional Evidence on record at an appellate stage, even if filed during the pendency of the appeal, us to be heard at the Time if final hearing if the appeal at a stage...

When a promissory note is executed for payment of debt arising out of a wagering transaction,it is hit by section 30 of the Indian Contract Act can't be enforced. ( Badri Das vs Meghraj ,AIR 19...

The other offence u/s 406 IOC, relates to criminal breach of Trust. Criminal breach of Trust has been defined in section 403, IPC. To constitute the offence of criminal Breach of Trust, the nec...

There can be no doubt that a girl child is a Minor but may be a time has come Where a distinction can be drawn between the girl children and minor,may be fixing the upper limit at 10 for the gi...

A copy of order stating the grounds of the Magistrate s satisfaction must be served on the parties,for it is the intention of the Law ,not only that the Magistrate should have sufficient ground...

The Chief object of the Negotiable Instruments Act is to legalize the system under which Negotiable Instruments Act Pass from hand to hand in negotiation like ordinary goods. According to its p...

The purpose of sec 24 CPC , merely to confer on the court, a discretionary power. A court acting under section 24 CPC may may not it's judicial discretion transfer a particular case. Section 24...

The appellants assaulted the deceased and the injured with Lathi and Luhnagi and not with any sharp cutting object. It is noticeable that there is nothing in record to indicate that the kind of...

Non action on the part of the Investigation Officer reflects upon the nature and manner of the investigation. No attempt at all is made to investigate through the injured accused positively sai...

Land dispute between the parties, accused assaulted by gun shot,only oral evidence did not show that the deceased was in possession of Land, on the other hand, the entries in the revenue record...

Delay in the disposal of mercy petition - Where there has been delay in the disposal of the mercy petition, the death sentence should be converted in to life imprisonment. For the imposition of...

The answer is, that section 14 only applies to properties possessed by the female Hindu at the date of commencement of the Act. It is not correct to say that the expression by a female Hindu ...

The rules of succession and the nature of estate taken by heirs under the Hindu Succession Act , are almost new. A uniform Law of succession to all those who were governed till then by differen...

Where application was filed under CPC, Order XXI ,Rules 10 and 11, for issuance of notice under Rule 37 and then warrant under Rule 38. The Court after hearing the counsel for parties had issue...

Under the Law on commercial Agreement,an arbitration agreement or an An arbitration clause shall be concluded between the parties in written. The conclusion of the written agreement may be in a...

Res judicata means a thing already adjudicated, a case already decided or things settled by a decision or judgement. The doctrine of Stare de cicis means that a court look to the past , simil...

In land mark case i.e A R Antulay vs R.S Nayek it was submitted that delay in each stage for trial of an accused violates the fundamental rights of the petitioner. This decision has been consid...

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 Magistrate u/s 202 or in receipt of the report from the police or from...

In a suit against the partnership firm, and it's partners even the personal property of any of the partner's can be attached before Judgement. Creditors suit for the recovery of loan - applic...

In the interest of justice and fairplay a serving Judicial Officer should not be appointed as a receiver by any Court of Law. Sub Rule (2) clearly indicates that Court and it's Officer ,the Rece...

The plaint has to be rejected on the grounds that it does not disclose a cause of action and it is an abuse of process of Court. In order to appreciate the rival submission of the Ld counsel on...

Distinction between void and void able Marriage - There is some confusion in the use of terms "nullify" and annulment ". English court has often applied the term" nullify &q...

Section 173(8) Crpc - Power to direct further investigation after taking cognizance without request of the investigating agency. - Scope of - whether a Magistrate can direct for further investigati...

Article 226 - licence - Terminations of , natural justice, compliances of, necessity of, scope - licences were granted to petitioner s to work as iron Pattipackers differently railways stations...

A fraudulent representation by a minor that he is of full age by which he indices another to contract with him will not estop the minor from setting up the plea of minority. Where, for insta...

Adoption by a make Hindu having a wife living at the time. Where a male Hindu having a wife living adopts a child ,all the ties of the adopted child of his family of birth severed and replaced...

Section 302 & 201 r/ws 34 IPC. Murder. circumstial evidence. Evidence of Last seen together. failure to conduct a test identification parade- Prosecution case that on 17.2.2004 , deceased a...

Section 439 Crpc: Grant Of Bail: Appellant has been in custody for more than five years as an under trial. Trial though progressing ,has not progressed at the the pace as expected by the Tria...

Section 46 of Guardians and Wards Act does not control s 13 so as to enable District Judge to dispense with the hearing of evidence by himself and to transfer the whole enquiry to a subordinate...

Before becoming a full owner u/s 14 of the Hindu Succession Act, it was necessary that she must have acquired the property either by Inheritance or device or on a partition or in lue of maint...

After Taking in to consideration the provision of section 16(1) of the Act 1956 irrespective of the nullity of the marriage u/s 11 of the Act ,any child who would have otherwise been legitimate...