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S.391 CrPC | Party Who Wasn't Diligent At Trial Can't Seek To Produce Additional Evidence At Appeal Stage : Supreme Court
A party who was not diligent in producing evidence at the trial stage of a criminal case cannot seek to produce the same in appeal, held the Supreme Court.The Bench of Justices B.R. Gavai and Sandeep Mehta observed that the power to record additional evidence at the appellate stage should not be exercised in a routine and casual manner. Such a power shall only be exercised when non-recording...
Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine
The Supreme Court is set to examine whether the principles of Hindu law could be applied while adjudicating inheritance rights under the Mohammedan law. The bench of Justices CT Ravikumar and Rajesh Bindal, while issuing notice in a partition matter, ordered: “The question of seminal importance, which is required to be decided in this case is whether the principles of Hindu law...
For Conviction Under SC/ST Act, Offence Of Outraging Woman's Modesty Must Be Committed On Ground Of Caste: Supreme Court
The Supreme Court observed that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 cannot be sustained if the act of outraging the modesty of a woman was not committed on the ground of caste."The language of Section 3(1)(xi) of the SC/ST Act provides that the offence must be committed upon a...
S.138 NI Act | If Accused Is Disputing Signature On Cheque, Certified Copy Of Specimen Signature Can Be Procured From Bank: Supreme Court
In a complaint under Section 138 of the Negotiable Instruments Act, if the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned from the bank to compare the same with the signature appearing on the cheque.The Court explained that the indorsements on a cheque carry a presumption of genuineness as per Section 118(e) of...
Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 6]
The Supreme Court will continue hearing the case concerning the minority status of the Aligarh Muslim University.A 7-judge Constitution Bench comprising the Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Datta, Justice Manoj Misra and Justice Satish Chandra Sharma will hear the matter.The reports of the hearings from...
Mahatma Gandhi Murder Case – Brief Facts
On this day, 30th January, the father of our nation was murdered by Nathuram Vinayak Godse, a Hindu Mahasabhaite. Date of Assassination30th January, 1948FIR registered on 30th January, 1948 at 5:17pmFIR lodged by Nandlal Mehta at Tuglak Road P.S.Police submitted charge sheet 27th May, 1948Number of Prosecution Witnesses149Total number of Accused persons Out of 11 accused , 3 were declared absconding. Thay are: Gangadhar Dandwati, Gangadhar Jadhav, Suradeo SharmaOffences under: Section 302,...
'Learn Some Law, Don't File These Kind Of Petitions' : Supreme Court Rebukes Lawyer For Filing 'Misconceived' PIL
Refusing to entertain a PIL seeking directions to State Governments to set up 'Courts Special Cells' to ensure compliance with Court Orders, the Supreme Court today admonished the lawyer to be aware of the existing nuances of law before filing such petitions.CJI rebuked the petitioner, “ You are back again? Last time I told you not to file such PILs….somebody will impose costs of on you....
Ram Mandir Prana Pratishta | 252 Out of 288 Applications For Ceremonies Allowed : Tamil Nadu Govt Tells Supreme Court
After the Tamil Nadu government assured the Supreme Court last week that there was no ban on live screening of the Ram Mandir pran pratistha or other religious ceremonies to mark the occasion, it informed the court on Monday (January 29) that out of 288 applications for various ceremonies and processions, 252 were granted. Only in 36 areas, such permission was not granted by the state...
Centre's 2011 Caste Census Report Unhelpful To Identify Socially & Educationally Backward Classes : Kerala Govt Tells Supreme Court
This week, the Kerala government has denied wilful non-compliance with the Supreme Court's order to conduct a socio-economic study to revise the reservation list for Socially and Educationally Backward Classes (SEBC) in the state.This counter-affidavit filed on behalf of the State of Kerala by its chief secretary is in response to a contempt petition initiated by the Minority Indians Planning...
S.468 CrPC | Reckoning Date For Limitation Is The Date Of Filing Final Report, Not Registration Of FIR: Madras High Court
The Madras High Court has recently held that the reckoning date for calculating the limitation period under Section 469 of CrPC would be from the date of filing of the final report and not the date of registration of FIR. Justice Anand Venkatesh noted that in a case emanating from the FIR, cognizance is taken by the Magistrate upon the filing of the final report. The court added that...






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