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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...
Agreement For Sale Conveying Possession Must Be Stamped As 'Conveyance' Under Maharashtra Stampt Act : Supreme Court
The Supreme Court has observed that when an agreement for sale consists a clause to hand over possession of the property, then it has to be treated as "conveyance" for the purpose of the Maharashtra Stamp Act, 1958. Therefore, the liability to pay stamp duty will arise at the time of the execution of such an agreement for sale.The fact that a sale deed was ultimately executed in pursuance of the agreement for sale and that stamp duty was paid on such sale deed will not absolve the primary...
Long Custody Will Enure To Benefit Of Accused For Bail When Delay In Trial Isn't His Fault : Supreme Court Grants Bail In PMLA Case
Observing that continued incarceration will enure to the benefit of the accused who is not responsible for the delay in trial, the Supreme Court granted bail to an accused in a money laundering case related to cattle smuggling across India-Bangladesh border."..a continued incarceration where the appellant is not entirely at fault for the completion of trial due to a prolonged delay, would enure to his benefit for the purpose of granting bail," observed the Court granting bail to one Mohd....
Prosecution Directors' Appointment: Supreme Court Issues Notice On Plea Against HC Quashing Bihar Rule Enhancing Eligibility Criteria
The Supreme Court recently issued notice on a special leave petition challenging Patna High Court's order striking down Rule 5 of the Bihar Prosecution Manual, 2003 as invalid. This rule pertains to the eligibility and experience criteria for the Bihar Prosecution Service.The petition filed by an association of Prosecutors (Bihar Abhiyojan Seva Sangh) was before a bench of Justices Surya Kant and Ujjal Bhuyan, which scheduled it for further hearing on November 22, 2024.Notice was also issued to...
Can Airports Economic Regulatory Authority Appeal To Supreme Court Against TDSAT Order Under AERA Act ? SC Reserves Judgement
The Supreme Court on Tuesday (September 24) reserved its judgement on the issue of maintainability of appeals before itself by Airports Economic Regulatory Authority (AERA) assailing orders of the TDSAT under the AERA Act 2008. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing a challenge to the decision of Telecom Disputes Settlement and Appellate Tribunal which held that Airports Economic Regulatory Authority (AERA) does not have powers to...
Supreme Court Collegium Recommends Appointment Of Two Judicial Officers As Judges Of Patna High Court
The Supreme Court Collegium has recommended the appointment of two judicial officers - Shashi Bhushan Prasad Singh and Ashok Kumar Pandey as Judges of the Patna High Court.The Collegium Resolution states, “In view of the above, the Collegium resolves to recommend that S/Shri (i) Shashi Bhushan Prasad Singh, and (ii) Ashok Kumar Pandey, Judicial Officers, be appointed as Judges of the High Court of Judicature at Patna. Their inter se seniority be fixed as per the existing practice.”Shashi Bhushan...
Scarcity Of Doctors Doesn't Justify Compelling Medical Officers To Work For Long Hours: KAT Rules Against 17 Hour Work In A Day
The Kerala Administrative Tribunal has held that the government cannot raise the argument of scarcity of doctors to compel medical officer of ESI Hospital, Ernakulam to work for long hours.The Tribunal made this order in an application moved by nine Assistant Insurance Medical Officers working in ESI Hospital, Ernakulam. They submitted that on the dates they have night shift (8 p. m. to 8 a.m.) they also have to take the O.P. duty from 8 a.m to 1 p.m. After competition of night duty, they are...
Supreme Court Collegium Recommends Appointment Of 9 Advocates As Bombay High Court Judges
The Supreme Court Collegium has recommended the appointment of following advocates as the Judges of the Bombay High Court.(i) Ms Nivedita Prakash Mehta,(ii) Shri Prafulla Surendrakumar Khubalkar,(iii) Shri Ashwin Damodar Bhobe,(iv) Shri Rohit Wasudeo Joshi, and(v) Shri Advait Mahendra Sethna(vi) Shri Rajesh Sudhakar Datar,(vii) Shri Sachin Shivajirao Deshmukh,(viii) Shri Gautam Ashwin Ankhad, and(ix) Shri Mahendra Madhavrao Nerlikar.The Collegium passed two resolutions recommending their...
Bar Council Of India Mandates Biometric Attendance, Criminal Background Checks For Law Students, Prescribes Other Declarations
In a notification issued on Tuesday the Bar Council of India has directed the immediate implementation of a Criminal Background Check System and mandatory declarations concerning the pursuit of simultaneous degrees, employment status, and attendance compliance in all Centres of Legal Education (CLEs).The notification addressed to Vice-Chancellors, Registrars of Universities, Centres of Legal Education Issuing Law Degrees, further states that CLEs are required to incorporate biometric attendance...
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...
MP Shashi Tharoor Calls For Appointment Of Enquiry Commission Into RGNUL VC's Actions, Says He Should Step Aside Until Findings Are Released
Congress MP Shashi Tharoor has called for an enquiry into the Vice Chancellor of the Rajiv Gandhi National University Of Law (RGNUL), Patiala after the University's students protested demanding his resignation over entering the girls' hostel and its rooms unannounced and without notice.The University on Monday, shut down till further notice after the students refused to enter into dialogue without assurances of the VCs resignation."Disturbing to read that Patiala's RGNUL has been shut after...
Exploring The Legacy Of M.K. Nambyar: A Lecture On Constitutional Journeys Beyond Original Intent By CJI Chandrachud [26th September]
The M.K. Nambyar Memorial Lecture is being organized on “Foresighted Mr. M.K. Nambyar – Constitution Journeys Beyond Original Intent”About Meloth Krishnan NambyarM.K. Nambyar was a prominent Indian constitutional lawyer whose career spanned several decades, during which he significantly influenced Indian constitutional law. He began his practice in the district court at Mangalore and eventually became a leading figure in the Supreme Court of India. His notable contributions to legal theory and...