Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws

Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. Because the rights came to be enforceable from an earlier date, thus the doctrine saves the person from the prejudice suffered between...

When Defendant Can Be Asked To Begin Evidence In Suit? Supreme Court Explains Order XVIII Rule 1 CPC

In a recent judgment, the Supreme Court explained the circumstances under which a defendant gets the right to begin in a suit hearing as per Order XVIII Rule 1 of the Civil Procedure Code.As per the CPC, the plaintiff has the right to begin. However, if the defendant admits the facts alleged by the plaintiff and argues that plaintiff is no entitled to relief due to certain additional fact or...

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

The Court explained 12 principles on the application of Section 197 CrPC.

Navigating Intersection Of Anti-Money Laundering And Recovery Laws: The Imperative For Collaboration And Cooperation

The legislative efforts to combat money laundering activities in the country and the legislative measures to deal with the recovery of nonperforming assets in the Banking sector without the intervention of courts of law coincided in the same year with the passage of two special Acts in the year 2002.These two Acts, (Prevention of Money Laundering Act 2002 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002) though passed in the same year,...

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown.In this explainer, we will dissect the issue of (1) What is a false promise to marry and how it's different from a breach of promise to marry?. (2) When can a promise to marry be considered 'false'? and (3) How can...

Principles Relating To Section 195 CrPC : Supreme Court Summarises

In a recent judgment, the Supreme Court summarised the principles relating to Section 195 of the Code of Criminal Procedure.This provision lays down the conditions for taking cognizance for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidenceA bench comprising Justices CT Ravikumar and Sanjay Karol culled...

“Corroboration” Under Section 157 Of The Evidence Act (Section 160 Of The Bharatiya Sakshya Adhiniyam [BSA] 2023

The later testimony of a witness can be “corroborated” by recourse to Section 157 of the Evidence Act. The said Section reads as follows:-“157: Former statements of witness may be proved to corroborate later testimony as to same fact.--In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.” ...

Contradiction” Under Section 145 Of The Evidence Act (Section 148 Of BSA) And Under The Proviso To Section 162 (1) Cr.P.C. (Section 181 (1) Of BNSS)

C O N T E N T SI N N E R T I T L E SParaNo.INTRODUCTION 1SECTION 145 OF THE EVIDENCE ACT.2IMPEACHING THE CREDIT OF A WITNESS3 “CONTRADICTION” AS GENERALLY UNDERSTOOD 5 “CONTRADICTION” AS ENVISAGED BY THE PROVISO TO SECTION 162 (1) Cr.P.C. AND THE LATTER LIMB OF SECTION 145 OF THE EVIDENCE ACT.6“OMISSION” EXPLAINED IN TAHSILDAR SINGH'S CASE 6 propositions laid down in Tahsildar Singh Illustration 1 Illustration 2 Illustration 3 Illustration 4779999THE DIRECT...

Order VI Rule 17 CPC | Principles On Amendment Of Plaint : Supreme Court Explains

The Supreme Court observed that by way of an amendment to the plaint under Order VI Rule 17 of CPC, the plaintiff can introduce certain aspects that are necessary to determine the issues between the parties. The bench comprising Justices C.T. Ravikumar and Sanjay Karol heard a matter where the defendant objected to the plaintiff's application seeking an amendment to the plaint. The...

When Can Ignorance Of Law Be Taken As Defence?Supreme Court Explains

The Supreme Court recently held that neither unawareness of the law nor ignorance of law cannot be claimed as an excuse for storing or possessing child pornography in a plea taken by the accused that he was not aware of the fact that storing child pornography was a punishable offence under Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The accused had...

"Vertical Reservation" & "Horizontal Reservation" Explained Based On Supreme Court Judgments

There are two types of mechanisms used for providing the benefit of reservations to the reserved classes i.e., Vertical Reservation and Horizontal Reservation. Explaining the concept of Vertical and Horizontal Reservation, the Supreme Court in Indra Sawhney's case held that when a reservation is made in favor of Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes...

"Navigating The Public Premises Eviction Maze: A Comprehensive Guide To The 1971 Act"

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, commonly referred to as the Public Premises Act, is a crucial piece of legislation that governs the eviction of unauthorized occupants from public premises in India. This Act is particularly significant for governmental bodies, public sector undertakings, and other entities where premises are owned, leased, or controlled...