164(5A)CrPC: Should A Magistrate Record The Section 164 Statement Of A "Rape Victim" Not Under Any Mental Or Physical Disability?

A doubt has been raised as to whether the obligation on the part of the Judicial Magistrate to record the statement of the victim of any of the offences specified in sub-section (5A) of Section 164 Cr.PC., is limited only to those cases where the victim is mentally or physically disabled. A rape victim can be considered as an example. Relying on clause (c) of the 2nd proviso to...

How To Record The Evidence Of Deaf And Dumb Rape Victim? Bombay HC Explains [Read Order]

The Bombay High Court remanded a rape case to the Trial Court on the ground that evidence of deaf and dumb victim was recorded without considering the provisions of Section 119 Evidence Act.As per the proviso to Section 119 Evidence Act, when the witness is unable to communicate verbally, the court shall take the assistance of an interpreter or a special educator in recording the statement,...

Section 482 Cr.P.C :Recent Supreme Court Judgments

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State (Govt. Of Nct Of Delhi) Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition."There is nothing in the words of this Section which...

All You Want To Know About Law On Willful Defaulters

The case of Willful Defaulters was taken up by the Central Vigilance Commission back in 1999. It gave instructions for the collection of information on willful defaults of Rs.25 lakhs and above. Pursuant to these instructions, Banks and notified Financial Institutions were required to submit information on willful defaulters to RBI. The RBI, on 1.07.2015 (Revised) issued a...

Order II Rule 2 CPC : When Does Relinquishment Of Claim Bar Second Suit?

The correct test in cases falling under O.II R.2, is "whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation for the former suit".

Dishonour Of Cheques: 14 Latest Supreme Court Judgments

Section 148 NI Act Retrospective [Surinder Singh Deswal @ Col. S.S. Deswal vs. Virender Gandhi] In this case, the Supreme Court held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints...

When Does Negligence By Advocate Amount To Professional Misconduct?

"Mere negligence unaccompanied by any moral delinquency on the part of a legal practitioner in the exercise of his profession does not amount to professional misconduct"

Sec 17 CPC - Suit In Respect Of Different Properties Can Be Filed In Any Of The Courts Having Jurisdiction If Cause Of Action Is The Same : SC [Read Judgment]

"Section 17 can be applied in event there are several properties, one or more of which may be located in different jurisdiction of courts. The word "portion of the property" occurring in Section 17 has to be understood in context of more than one property also, meaning thereby one property out of a lot of several properties can be treated as portion of the property as occurring in Section 17"

What Are The Tests To Find Out Whether Contract Labourers Are Direct Employees? SC Explains [Read Order]

Applying tests laid down by precedents for determining whether a contract labourer is a direct employee, the Supreme Court has set aside the award of a Labour Court which had directed reinstatement of retrenched workers.The bench of Justices R F Nariman and Vineet Saran was dealing with an appeal filed by Bharat Heavy Electronics Ltd, which contended that the workers were not its direct...

What Is 'Accidental Death' In The Context Of Insurance Law?

To sustain a claim under the accident benefit cover, it must be established that the assured has sustained a bodily injury which resulted solely and directly from the accident. There must exist a proximate causal relationship between the accident and the bodily injury. Moreover, the accident must be caused by outward violent and visible means

Section 498A IPC : Recent Supreme Court Judgments

498A Complaints Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter [Rupali Devi vs. State of UP]In this case, three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the following question: "Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives of...

What Are The Remedies Available When Police Refuse To Register FIR

Section 154 of The Code of Criminal Procedure Code deals with registration of First Information Report (though the Section does not use the word 'First Information Report or FIR). Section 154(1) says every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his...