The Hon'ble Supreme Court while dealing with an SLP arising out of disposal of Writ of Habeas Corpus has categorically held that the father of a child cannot be granted custody merely because he is a natural guardian… Read more »
That the proof of 'demand of bribe' by a public servant and its acceptance by him is sine qua non for establishing the offence of bribe taking, coming under Section 7 of the Prevention of Corruption Act, 1988… Read more »
The Hon'ble Supreme Court has held that in a Departmental enquiry, the Decision/order by disciplinary authority, is required to give reasons only when it disagrees with finding of the enquiry officer and not when it concurs with that… Read more »
The Hon'ble Supreme Court has held that It is the Duty of the Disciplinary Authority to record reasons. The orders of disciplinary authority and appellate authority entails civil consequences. Hence, the orders must be based on recorded reasons. Read more »
The Hon'ble Apex Court has observed that, mere recovery of the currency note and positive result of the phenolphthalein test not enough in the peculiar circumstances of the case, to establish guilt of the appellant on the basis… Read more »
This case reinforces the principle that when the law prescribes a mandatory minimum sentence, courts do not have the authority to impose a lesser sentence unless explicitly provided by the statute. Interpretation of statutory provisions regarding minimum sentences… Read more »
The Sentence Can Be Suspended under Section 389 CrPC, in Appeal Only If Convict Has Fair Chances of Acquittal. Also observations are made that the Appellate Court should not re-appreciate the evidence at the stage of Section 389… Read more »
The Evidence of Injured witness has greater evidentiary value, their statements can't be discarded lightly. Also the Hon'ble Supreme Court has observed that, Suggestions made to the witness by the defence counsel and the reply to such suggestions… Read more »
It was held that, there is no need for identification parade where the witnesses already knew who the assailants were. Test identification parade is not a sine qua non in every case, that is, if the facts and… Read more »
Solitary witness - conviction is valid - Need not insist on corroboration by other witnesses - single witness if found to be trustworthy, it can be appreciated - Interested Witness - Explained. Read more »
