Case Analysis

24th Sep, 2015

Mere change of counsel cannot be a ground to recall witnesses #indianlaws

 As per both, Section 311 CrPC and Section 138 Evidence Act for the purposes of criminal trial, the order of re-examination at the desire of any person under Section 138, will have to necessarily be […]
24th Sep, 2015

Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act
24th Sep, 2015

Notice under Section 138 is required to be given to the ‘drawer’ of the cheque and not to any other person#indianlaws

Notice under Section 138 N I Act is required to be given to the ‘drawer’ of the cheque so as to give the drawer an opportunity to make the payment and escape the penal consequences. […]
15th Sep, 2015

Before awarding relief of Specific Performance, Court first needs to satisfy on existence of valid and enforceable contract

The burden of showing the stipulations and terms of the contract and that the minds were in consensus lies on the plaintiff. If the stipulations and terms are uncertain, and the parties are not ad […]
15th Sep, 2015

Employee holding the post requiring trust and confidence is expected to behave with discipline and loyalty #indianlaws

Court should not adopt a lenient approach when employee holding a position of trust acts contrary to rules and such misconduct causes financial losses to the employer
14th Sep, 2015

Principles to be followed by Courts while granting/ rejecting Anticipatory Bails #indianlaws

The expression “may, if it thinks fit” occurring in Section 438(1) of the Code of Criminal Procedure (Code), gives discretion to the Court to exercise the power in a particular case or not, and once […]
14th Sep, 2015

Reliance on “Last Seen Theory” not safe in a case based on circumstantial evidence when time gap is long

In case of circumstantial evidence, court has to examine the entire evidence in its entirety and ensure that the only inference that can be drawn from the evidence is the guilt of the accused. 
14th Sep, 2015

Evidence recorded before Criminal Courts not conclusive for granting decree of specific performance

Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued […]
6th Sep, 2015

Court to act cautiously while pronouncing judgment in a case where opposite party (Defendant) fails to file Written Statement#indianlaws

The Supreme Court has ruled that the Court, at no stage, can act blindly or mechanically. While enabling the Court to pronounce judgment in a situation where no Written Statement is filed by the defendant, […]
6th Sep, 2015

Punishments should be proportionate to the nature and gravity of the offences#indianlaws

In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing […]
6th Sep, 2015

Apex Court interprets the term ‘First Learns’ under Limitation Act#indianlaws

The Hon’ble Supreme Court has interpreted the meaning of the term “first learns” as provided under Article 91(a) of the Limitation Act, 1963 and held that the provision of Article 91 (a) of the Limitation […]
6th Sep, 2015

In economic offences, power u/s 482 CrPC should be used sparingly#indianlaws

The Supreme Court has held in the inherent power of the High Court under Section 482 CrPC should be sparingly used. In economic offences Court must not only keep in view that money has been […]