Law in one Paragraph

CBI v. V.C. Shukla [(1998) 3 SCC 410] Admission vis-à-vis confession  44. Lastly, comes the question whether the entries are “admissions” within the meaning of Section 17 of the Act so as to be admissible as relevant evidence under Section 21; and if so, as against whom can the entries be proved. In Section 17 […]

Nandini Satpathy v. P.L. Dani, (1978) 2 SCC 424 Legal perils do not make a testimony compelled and violate Article 20(3) 57. We hold that Section 161 enables the police to examine the accused during investigation. The prohibitive sweep of Article 20(3) goes back to the stage of police interrogation — not, as contended, commencing

Youth Bar Association vs. Union of India [(2016) 9 SCC 473] Directions of the Supreme Court providing copy of FIR to the accused and uploading it on the internet 12. Having heard learned counsel for the parties, we think it appropriate to record the requisite conclusions and, thereafter, proceed to issue the directions:- (a) An

Anant Construction (P) Ltd. vs Ram Niwas [1994 (31) DRJ 205] Replication and principles governing it 14. Decided cases in India use the term rejoinder loosely for a reply or replication filed by the plaintiff in answer to the defendant’s plea. Strictly speaking a reply filed by the plaintiff (when permissible) is a replication. A

General Officer Commanding vs CBI & Anr, (2012) 6 SCC 228 Every judicial proceeding is a legal proceeding but not vice-versa 12. The ‘prosecution’ means a criminal action before the court of law for the purpose of determining ‘guilt’ or ‘innocence’ of a person charged with a crime. Civil suit refers to a civil action instituted before a court of

Mc Dermott International Inc. v. Burn Standard Co. Ltd. [(2006) 11 SCC 181] Conduct of the parties is a relevant factor in the matter of construction of a contract 112. It is trite that the terms of the contract can be express or implied. The conduct of the parties would also be a relevant factor

Inti Narayana vs. Gurram Malakondaiah [MANU/AP/0219/1983] Principal differences between co-ownership and partnership 16. …….1. Co-ownership is not necessarily the result of agreement, partnership is. 2. Co-ownership does not necessarily involve community of profit or of loss. Partnership does. 3. One co-owner can without the consent of others transfer his interest…. A partner is in ‘much

Suresh Kumar vs. Amrit Kumar [AIR 1982 Del 131] Different between retirement of partner and dissolution of partnership 15. It is well settled that retirement is not the same thing as dissolution. On retirement of a partner the firm continues to exist as such which is not the case when a partnership is dissolved. Technically

Surajdeo Mahto and Anr. vs. The State of Bihar [Criminal Appeal No. 1677 of 2011] Once the fact of last seen is established the Accused must offer some explanation his departure 29. The case of the prosecution in the present case heavily banks upon the principle of ‘Last seen theory’. Briefly put, the last seen

Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira [(2012) 5 SCC 370] Essential points to plead for a person claiming possession of the property 70. It would be imperative that one who claims possession must give all such details as enumerated hereunder. They are only illustrative and not exhaustive. (a) who is or are