Jayamma & Anr. vs. State of Karnataka [Criminal Appeal No. 758 of 2010] Dying declaration is admissible in evidence on the principle of necessity and can solitarily lead to conviction Brief: In this appeal the Supreme Court set aside the judgement of the High Court wherein it reversed and set aside the appellants’ acquittal, The […]
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Rahul Sharma & Anr. vs. National Insurance Company Ltd. & Ors. [Civil Appeal No. 1769 of 2021] Supreme Court confirmed grant of future prospect regardless of victim being self-employed Brief: In this appeal the Supreme Court set aside the judgement of the High Court wherein the Court deducted future prospects. The Supreme Court confirmed grant of 40% future prospects in
Mangala Waman Karandikar (D) TR and LRS. vs. Prakash Damodar Ranade [Civil Appeal No. 10827 of 2010] When a document is a straightforward proviso 6 of section 92 or section 95 of the Evidence Act do not apply. Brief: In the instant case, the Supreme Court recognised several principles of contractual interpretation and set aside the reliance placed by the
Sanjay Kumar Rai vs. State of Uttar Pradesh & Anr. [Criminal Appeal No.472 of 2021] Orders framing charges or refusing discharge are amenable to revision jurisdiction Brief: In the said appeal, the Supreme Court held that orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by
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Mallappa vs. State of Karnataka [Criminal Appeal No. 1993 of 2010] Merely accused seen running away is too thin evidence to convict someone under s. 302 Brief: The Supreme Court set aside the conviction of the accused by the High Court. Notably, the Court observed that in absence of any cogent evidence demonstrating that the club seized was used to assault the
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Supreme Court holds WB-HIRA as unconstitutional for repugnancy with RERA Forum for People’s Collective Efforts (FPCE) & Anr. vs. The State of West Bengal & Anr [Writ Petition (C) No. 116 of 2019] Brief: The Supreme Court in this petition has held WB-HIRA as repugnant to RERA under Article 254(1) of the Constitution. The Court
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Court has not to delve deep into the intricies of human mind to explore the undisclosed intention in an agreement Bangalore Electricity Supply Company Limited (BESCOM). vs. E.S. Solar Power Pvt. Ltd. & Ors. [Civil Appeal No. 9273 of 2019] RELEVANT PARAGRAPH 15. Before embarking on the exercise of interpretation of the agreement it is
Plaintiff entitled to compensation if land was acquired by government after the agreement to sell between the parties Sukhbir vs. Ajit Singh [Civil Appeal No. 1653 of 2021] Brief: In this case, the decree of specific performance of was passed in favour of the Plaintiff. However, during the pendency of suit this fact was not
Conditions of State in an agreement has to be fair and reasonable Jharkhand State Electricity Board and Others vs. M/S Ramkrishna Forging Limited [Civil Appeal No.6145 Of 2010] Brief: In the instant appeal of the Jharkhand State Electricity Board, the Hon’ble Supreme Court upheld the decision of the Hon’ble Jharkhand High Court allowing writ petition against order of the
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Injured witness must be given due weightage being a stamped witness Kalabhai Hamirbhai Kachhot vs. State of Gujarat [Criminal Appeal No. 216 of 2015] RELEVANT PARAGRAPH …..27. The evidence of an injured witness must be given due weightage being a stamped witness, thus, his presence cannot be doubted. His statement is generally considered to be very reliable and it
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