Showing posts with label digest. Show all posts
Showing posts with label digest. Show all posts
Sunday, 11 February 2024
Sunday, 14 June 2015
Tuesday, 19 May 2015
Saturday, 4 April 2015
Tuesday, 31 March 2015
Digest of judgments on criminal law
Cr.P.C. S.167(2): Statutory right should not be defeated by keeping application pending so that right which had accrued is extinguished-Union Of India Vs. Nirala Yadav, (2014) 8 SCALE 9 : (2014) 9 SCC 457 : 2014 AIR SCW 4298
Cr.P.C. S.389: In case of post conviction bail under Section 389, Cr.P.C, it is mandatory that appellate Court gives an opportunity to public prosecutor for showing cause in writing against such release. Suspension of sentence and release on bail. Appellate Court may even without hearing public prosecutor, decline to grant bail. However, in case appellate Court is inclined to consider release of convict on bail, public prosecutor shall be granted opportunity to show cause in writing as to why appellant be not released on bail. Despite such opportunity being granted to public prosecutor, in case no cause is shown in writing, appellate Court shall record that State has not filed any objection in writing. This procedure is intended to ensure transparency, to ensure that there is no allegation of collusion and to ensure that Court is properly assisted by State with true and correct facts with regard to relevant considerations for grant of bail in respect of serious offences, at post conviction stage -Atul Tripathi Vs. State Of U.P., (2014) 9 SCC 177: 2014 AIR SCW 4326
PUBLIC PROSECUTOR
Wednesday, 19 February 2014
Digest of case laws
Limitation Act, Article 54. (Suit for specific performance)
Raghuvir Singh Bhatty Vs. Ram Chandra Waman Subhedar reported in AIR 2002 Allhabad, 13,
(A) Limitation Act (36 of 1963), Art. 54 – Suit for specific performance of contract – Limitation – Permission of ceiling authority, pre-requisite for execution of sale deed – sale deed to be executed only after intimation to purchaser of grant of permission – Notice by vendor to purchaser that contract had frustrated on account of refusal to grant permission by Ceiling Authority – Limitation would start running from service of notice.
(B) Specific Relief Act (47 of 1963), Ss. 20, 16 – Discretion of Court – Permission of Ceiling Authority, pre-requisite for execution of sale deed – Refusal of permission by authorities – Contract frustrated on account of failure to obtain permission – Subsequent repeal of Ceiling Act – Legal hurdle of impossibility in enforcing contract thus removed – Decree for specific performance can be passed.
Sunday, 22 December 2013
Saturday, 7 September 2013
DIGEST OF HINDU ADOPTIONS & MAINTENANCE ACT
Hindu Adoptions and Maintenance Act, 1956, Ss.5, 6
& 11 - Adoption - Adoption of a son where adoptive father
or mother by whom the adoption is made has a Hindu son, son's son, or
son's son's son, whether by legitimate blood relationship or by
adoption, living at the time of adoption - Where
a son became a outcast or renounced Hindu religion, his father
becomes entitled to adopt another. (Kashi Nath (Dead) through
L.Rs. Vs Jaganath) 2004(1) Apex Court Judgments 474 (S.C.)
Hindu Adoptions and Maintenance Act, 1956, Ss.6 &
7 - Adoption of son by husband without consent of wife who
was alive - Adoption is not valid. (Radhey Mohan Vs State of
Rajasthan) 2003(1) Civil Court Cases 458 (Rajasthan)
ADOPTION WITHOUT CONSENT OF WIFE INVALID
Hindu Adoptions and Maintenance Act, 1956, Ss.6, 7
& 16 - Adoption - Consent of wife - No evidence that wife
refused to give her consent for adoption by her husband - Plea that
due to strained relations of husband and wife therefore consent of
wife was not taken - Documentary evidence on record however not
proving or establishing such plea - Adoption void ab initio and non
est. (Siddaramappa Vs Smt.Gouravva) AIR 2004 Karnataka 230
Saturday, 16 March 2013
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