In the Supreme Court’s case relied upon by both the Advocates it has been held as under :–
“The adversary system of trial being what it is there is an unfortunate tendency for a Judge presiding over a trial to
Adv. Jainodin's Legal Blog
Adv. Jainodin's Legal Blog, published by jainodin.com, focuses on detailed analyses of various legal issues primarily within Indian law. The blog covers topics such as criminal procedure and evidence law, including the role of courts in trials and the nuances of proving offences like forgery and criminal conspiracy. It also addresses family law matters, including dowry and marital disputes, as well as tenancy and property law issues like rent agreements and landlord-tenant disputes. The blog discusses judicial interpretations and statutory provisions, often citing high court and supreme court decisions to explain legal principles and their application in specific cases.
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For proving the offence of forgery u/s.465 of IPC, it must be proved as to who did it
To prove the offence of criminal conspiracy punishable under Section 120B, IPC, it is settled that a person cannot enter into a conspiracy with himself. In this case, the other two accused stands acquitted and were not convicted, and judgment
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voluntary presents given at or before or after the marriage to the bride or the bridegroom, out of love and affection is not dowry
It is needless to say that in a case of cruelty and dowry death, direct evidence is hardly available. It is the circumstantial evidence and the conduct of the accused persons which are to be taken into consideration for adjudicating
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Continuous and consensual sex between two adults cannot be considered as Rape
Upon considering the arguments and on perusal of the records, it goes to show that admittedly the victim and petitioner are major and they are Central Government employees. The petitioner is working as Superintendent of Central GST, West Commissionerate, Banashankari,
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After lapse of previous rent agreement if fresh rent agreement is not created, then the landlord can recover last payable rent but not the enhanced rent
The finding by both the learned Courts below on issue no.3 has been taken up for examination. In this regard, at the outset it must be seen that how far the Agreement for House Rent dated 29.02.2000 (Ext.3, also marked
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Misuse and or abuse of powers by public servant is not a part of their official duties so no protection u/s.197 of CrPC is available
If the authority vested in a public servant is misused for doing things which are not otherwise permitted under the law, such acts cannot claim the protection of Section 197 Cr.P.C.
In the light of the principles laid
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When counsel reports no instructions, it is the duty of the Court to issue notice to the party concerned before proceeding further in the matter
Every litigant ought to be afforded an opportunity of deciding the issue involved on merits without the same being scuttled on mere technicalities
In the said backdrop, if the decision in Smt. Garuda Sakuntala (supra), as relied upon
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Cr.P.C. does not provide any provision for service of summons through Whatsapp
Going by Section 65 of Cr.P.C, if service could not be effected as provided under Section 62, the serving officer shall affix one of the duplicates of the summons to the conspicuous part of the house or homestead in which…
Judicial discretion cannot be so liberally exercised as to condone the delay where no cause is made out or the cause ascribed is unworthy of acceptance
The sufficient cause should be such as it would persuade the Court, in exercise of its judicial discretion, to treat the delay as an excusable one
A profitable reference in this context can be made to a judgment
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No contract employee has any vested right to continue or to have his or her contract renewed
From the aforesaid observations which have been made by the Apex Court on the status of honorary employment in the service, it appears to this Court that it is not open for the petitioner to claim any relief, as tried
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