Petition under Article 227 against the exparte decree cannot be entertained in view of a specific remedy of appeal provided under the CPC Mohamed Ali vs. V. Jaya & Ors. [Civil Appeal No. 4113 of 2022] RELEVANT PARAGRAPH 7.1. Applying the law laid down by this Court in the aforesaid decision to the facts of the case on hand, the High Court ought not to […]
Mere discovery cannot be interpreted as sufficient to infer authorship of concealment by the person who discovered the weapon Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Criminal Appeal No. 739 of 2017] RELEVANT PARAGRAPH 45. What emerges from the evidence of the PW-4 & PW-10 reply is that the appellant stated before
Principles for appreciation of ocular evidence in a criminal case Shahaja @ Shahajan Ismail Mohd. Shaikh vs. State of Maharashtra [Criminal Appeal No. 739 of 2017] RELEVANT PARAGRAPH 27. The appreciation of ocular evidence is a hard task. There is no fixed or straight-jacket formula for appreciation of the ocular evidence. The judicially evolved principles
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Order XV Rule 5 CPC embodies that there is no holidaying for a tenant in payment of rent or damages for use and occupation of premises whether the lease is subsisting or it has been determined Asha Rani Gupta vs. Sri Vineet Kumar [Civil Appeal No. 4682 of 2022] RELEVANT PARAGRAPH 9.1. A few basic
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SC Confirms Death Penalty to Man for Rape and Murder of Minor Girl Manoj Pratap Singh vs. The State of Rajasthan, Crl. A. No. 910-911/2022 RELEVANT PARAGRAPH 57. In the present case, where all the elements surrounding the offence as also all the elements surrounding the offender cut across the balance sheet of aggravating and
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Supreme Court rejects Zakia Jafri’s charges against Narendra Modi and 60 officials in 2002 Gujarat riots Zakia Ahsan Jafri vs. State of Gujarat & Anr., Crl. A. No. 912/2022 RELEVANT PARAGRAPH 89. To sum up, we are of the considered opinion that no fault can be found with the approach of the SIT in submitting
If the law requires something to be done in a particular manner, then it must be done in that manner, and if it is not done in that manner, then it would have no existence in the eye of the law Krishna Rai (Dead) Through Lrs & Ors. vs. Banaras Hindu University Through Registrar &
Offence of rape and another of hurling abuses and threats are just like chalk and cheese – they cannot be connected together Ms. P1 XXX vs. State of Uttarakhand & Anr., Criminal Appeal No. 903 of 2022 RELEVANT PARAGRAPH 3. …….whether the said offence under Section 376 IPC and the other offences under Sections 504
Nature of relief claimed in the plaint is decisive of the question of suit valuation Bharat Bhushan Gupta vs. Pratap Narain Verma & Anr., Civil Appeal No. 4577 of 2022 RELEVANT PARAGRAPH 9.1. It remains trite that it is the nature of relief claimed in the plaint which is decisive of the question of suit
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The holder of the Recovery Certificate would be a financial creditor under clause (7) of Section 5 of the IBC and the limitation period starts from the date of issuance of the certificate Kotak Mahindra Bank Limited vs. A. Balakrishnan & Anr., Civil Appeal No.689 of 2021 RELEVANT PARAGRAPH 84. To conclude, we hold that
