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Principles Of Applying Section 106 Of Evidence Act : Supreme Court Explains
The Supreme Court recently held that Section 106 of the Evidence Act does not inherently impose a burden on the accused but comes into play when the accused fails to provide any explanation regarding facts that should be within their knowledge, facts that could support theories compatible with their innocence.The Court observed, “We consider the true rule to be that Section 106 does not...
Magistrate Can Dismiss Defamation Complaint By Applying Exceptions Under S.499 IPC Before Issuing Summons To Accused: Supreme Court
The Supreme Court on Thursday (05.10.2023) held that a Magistrate can dismiss a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 even before even summoning the accused.“..nothing prevents the Magistrate upon application of judicial mind to accord the benefit of such Exception to prevent a frivolous complaint from triggering an unnecessary...
Theft Coverage Denied Saying Gold Wasn't Kept In 'Locked Safe' : Supreme Court Says Insurance Claim Can't Be Rejected Based On Ambiguous Term
Recently, the Supreme Court, while hearing an appeal, noted that the claim arising out of an insurance policy cannot be repudiated on the basis of a term, mentioned in the policy, which itself is ambiguous.A Division Bench, comprising Justices Hima Kohli and P.S. Narasimha, observed that the insurance policy itself does not define the word “locked safe” nor does it define what should be...
Family Law: All India Half Yearly Digest 2023
SUPREME COURTCriminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is PendingCase Title: X vs State of Uttar Pradesh Case Citation: 2023 LiveLaw (SC) 26The Supreme Court bench comprising of Justices M R Shah and C T Ravikumar observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.'Woman Not A...
Challenges To India's Bail System: Justice Akil Kureshi and Senior Advocate Rebecca John Discuss
Former Chief Justice of Rajasthan High Court Justice Akhil Kureshi, speaking at a panel discussion titled ‘Untangling Bail Cases,’ said that the there are two main challenges to the bail cases : a. limited resources b. systematic flaws.While discussing these challenges, Justice Kureshi also spoke about the ways to improve. “We need better and more judges, good legal aid support,...
The Liver Doctor v. Himalaya Corp : Dr. Cyriac Abby Philips Moves Karnataka High Court Against Suspension Of 'X' Account
Dr Cyriac Abby Philips ('The Liver Doctor') has moved Karnataka High Court challenging the Civil Court's ex-parte interim injunction order to suspend his @X account @theliverdr.The petition was filed on Friday and is likely to be mentioned before a Single judge bench of Justice S G Pandit on Monday for early hearing. A Bengaluru Civil Court had passed an ex-parte interim injunction order to...
S. 50 NDPS Act Not Applicable To Recovery From Bag Carried By A Person: Supreme Court
The Supreme Court recently reiterated that the conditions for personal search as specified in Section 50 of the Narcotic Drugs and Psychotropic Substances Act are applicable only for the search of the physical body of the person and not for the search of any bag carried by the person.At the same time, the Court acknowledged that confining the applicability of Section 50 NDPS Act only to...
JJ Act | 'May' In S. 19(1) Be Read As 'Shall'; Children's Court Must Hold Inquiry On Whether Child Should Be Tried As Adult: Supreme Court
The Supreme Court recently held that compliance with Section 19(1) subclause (i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 which requires the Children’s Court to hold an inquiry as to whether the alleged offender is to be tried as a child or an adult is not a mere formality.In this regard, the Court also said that the use of the word 'may' used in Clause (ii)...
Karta Of Hindu Undivided Family Can Alienate HUF Property Even If Minor Has Undivided Interest In It : Supreme Court
The Supreme Court has observed that a Karta of a Hindu Undivided Family(HUF) has the right to sell/dispose of/alienate an Hindu Undivided Family (HUF) property, even if a minor of the family has undivided interest.The reason is that an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property, explained the Court. Reference was made to...
'Contraband Recovered In Violation Of Section 50 NDPS Act Inadmissible' : Supreme Court Summarises Principles For Search Of Persons
In a landmark judgment, the Supreme Court has summarized the principles related to Sections 50 of the Narcotic Drugs and Psychotropic Substances Act, which prescrib the conditions under which search of the persons shall be conducted.A bench comprising Justices MM Sundresh and JB Pardiwala(author of the judgment) summarised the principles as follows :(i) Section 50 provides both a right as well...
Supreme Court Dismisses Plea Seeking Upper Age Limit Relaxation For J&K Civil Judge Examination
The Supreme Court on Friday (October 6) dismissed a petition seeking relaxation of the upper age limit of 35 years for the Jammu and Kashmir Civil Judge(Junior Division) Examination 2023/A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra dismissed a Special Leave Petition filed against the judgment delivered by the High Court of Jammu...
AAP MP Raghav Chadha Has No Vested Right To Occupy Govt Bungalow After Cancellation Of Allotment: Delhi Court
A Delhi Court has said that Aam Aadmi Party MP Raghav Chadha has no vested right to continue to occupy the government bungalow after its allotment has been canceled and the privilege given to him has been withdrawn. Additional District Judge Sudhanshu Kaushik of Patiala House Courts vacated an interim order passed on April 18 directing the Rajya Sabha Secretariat to not dispossess Chadha from...