Law Web3h
Karnataka HC: Whether Stay order by Revenue Appellate court is bad if it has passed stay order without hearing caveater?
Therefore, the Appellate Authority, by virtue of Section 107 C.P.C. read with Section 113 of the Land Reforms Act, cannot entertain a caveat as defined by Section 148-A of the C.P.C. Section 148-A ...
Law Web6h
Supreme Court upheld Karnataka High court judgment on police custody remand
The concerned Court itself came to the conclusion that police custody is not required and has dismissed the application (s) of the prosecution as well as the Complainant. We see no reason to interfere ...
Law Web1d
Supreme Court: Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family
While the persons involved in genuine cases where the threshold is met should not be spared, the provision should not be deployed against individuals, only to assuage the immediate feelings of the ...
Law Web1d
Supreme Court: Bodily Injuries Not Necessary To Prove Sexual Assault; Victims Respond To Trauma In Different Ways
9. It is a common myth that sexual assault must leave injuries. Trial No. 40 of 1998 evaluated the evidence of the prosecutrix (PW2), her father Jawahari Lal (PW-1), Rajendra Singh (PW-4) - treated ...
Law Web1d
Supreme Court: When Accused Acted With Common Intention, Punishment Can't Be Reduced Merely Because Injury Inflicted Individually Wasn't Severe
Merely for the reason that. the injuries inflicted by Accused no.2 (K.B.Vijayakumar) were less than what was inflicted by Accused no.3 (K.B.Jayakumar @ Suresh) and the injuries we ...
Law Web2d
Supreme Court: Right To Shelter A Facet Of Article 21; State Must Satisfy Why Entire Property Needs To Be Demolished
78. The right to shelter is one of the facets of Article 21. Depriving such innocent people of their right to life by removing shelter from their heads, in our considered view, would be wholly ...
Law Web2d
Whether the court can direct striking out of pleading if suit is partly not maintainable?
There is no provision in the Code of Civil Procedure for the rejection of a plaint in part, and the note recorded by the trial Court does not, therefore, amount to the rejection of the plaint as ...
Law Web2d
Supreme Court guidelines regarding demolition of construction by public Authorities- Bulldozer justice
1. This batch of Writ Petitions filed Under Article 32 of the Constitution of India seeks to raise the grievance on behalf of various citizens whose residential and commercial properties have been ...
Law Web2d
Supreme Court: What is doctrine of proportionality as per Indian constitutional law?
According to Aharon Barak (former Chief Justice, Supreme Court of Israel), there are four sub-components of proportionality which need to be satisfied [Aharon Barak, Proportionality: Constitutional ...
Law Web2d
Bombay HC: The Session Judge must record evidence of Chemical analyser in NDPS Case to Prove CA Report
It is noticed that in the Vidarbha region, in the trials under the NDPS Act, the CA is not examined. In my view, this is a serious mistake on the part of the prosecution. It needs to be placed on ...
Law Web2d
Supreme Court: Demolition Of House For Crime Of One Person Amounts To 'Collective Punishment' On Entire Family Which Is Impermissible
It is a settled principle of criminal jurisprudence as recognized in our country that a person is presumed to be innocent till he is held guilty. In our view, if demolition of a house is permitted ...