India Columns

Recalling Witnesses for Further Cross-Examination in Indian Law

Date: Dec 12, 2022

Recalling Witnesses for Further Cross-Examination in Indian Law: A Comprehensive Analysis of Judicial Discretion and Procedural Fairness Introduction The power of a court to recall a witness who has...

In case of offences under the UAPA, Magistrate's jurisdiction to extend time under Section 43-D(2)(b) is non-existent: Supreme Court

Date: Dec 9, 2022

Case Title: Sadique v. State of Madhya Pradesh In UAPA cases, the Supreme Court ruled that magistrates lacked the authority to extend the deadline for completing investigations. According to the...

Right to promotion of Persons with Disabilities under the 1995 Act: Supreme Court

Date: Dec 9, 2022

Case Title: State of Kerala and others v. Leesamma Joseph The Supreme Court ruled that people with physical disabilities had the right to preferential treatment in promotions as well. A two-judge...

People not named in FIR cannot be added as Additional Accused based on disclosure of their names by witnesses: Supreme Court

Date: Dec 9, 2022

Case Title: Periyasami and Ors v. S. Nallasamy According to the Supreme Court, Section 319 of the Criminal Procedure Code does not allow for the summoning of witnesses based solely on the disclosure...

Only when Life Imprisonment appears to be an utterly Inappropriate Punishment, a Capital Punishment may be enforced: Supreme Court

Date: Dec 9, 2022

Case Title: Sachin Kumar Singhraha v. State of Madhya Pradesh The Supreme Court observed that the death penalty should only be used when life imprisonment seems to be an entirely inappropriate...

Any single circumstance cannot be said to have a perpetual validity in necessarily justifying the grant or refusal of bail: Supreme Court

Date: Dec 9, 2022

Case Title: High Court of Judicature for Rajasthan v. The State of Rajasthan and Another The Supreme Court has rejected the blanket orders issued by a single judge of the Rajasthan High Court to not...

Investigation by the CBI is appropriate even when there is no wrongdoing by the Police: Supreme Court

Date: Dec 9, 2022

Case Title: Rhea Chakraborty Petitioner V. State of Bihar & Ors. The Supreme Court noted that there was no evidence to support any "wrongdoing on the side of Mumbai police" while clearing the ongoing...

Once Section 139 Negotiable Instruments Act's presumption is drawn, the complainant does not need to provide evidence of the source of funds until the accused has discharged his burden: Supreme Court

Date: Dec 9, 2022

Case Title: Rohitbhai Jivanlal Patel v. State of Gujrat & Anr. According to the Supreme Court, if the accused is unable to disprove the presumption that a legally enforceable debt exists in...

Judicial Officers Cannot Apply for Direct Recruitment to District Judge Positions against posts designated for Advocates: Supreme Court

Date: Dec 9, 2022

Case Title: DHEERAJ MOR V. HON’BLE HIGH COURT OF DELHI In a landmark decision, the Supreme Court ruled that civil judges were ineligible for direct recruitment to District Judge positions under the...

Significant guidelines for Maintenance Payment in Matrimonial Cases: Supreme Court

Date: Dec 9, 2022

Case Title: Rajnesh V. Neha The Supreme Court had announced rules on the payment of support in marital cases in a key ruling. Justices Indu Malhotra and R. Subhash Reddy's bench ruled that...

A Homebuyer's entitlement begins on the date of the contract, not when RERA registration is made: Supreme Court

Date: Dec 9, 2022

Case Title: IMPERIA STRUCTURES LTD. v. ANIL PATNI According to the Supreme Court, the time frame for allotting a flat to a homebuyer should be calculated starting from the date of the buyer agreement...

One-sided clauses are an unfair trade practice in builder-buyer agreements: Supreme Court

Date: Dec 9, 2022

Case Title: Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan Incorporating one-sided stipulations into a builder-buyer agreement is considered as an unfair commercial conduct under...

Examining witnesses without the accused being present is a Curable Inconsistency: Supreme Court

Date: Dec 9, 2022

Case Title: Atma Ram and Ors. v. State of Rajasthan The Supreme Court found that the Hon’ble High Court’s decision ordering a new trial in a murder case did not invalidate the trial simply because...

Permanent Disability from Leg Amputation: Compensation in India

Date: Dec 9, 2022

Permanent Disability Arising from Leg Amputation: A Comprehensive Analysis of Compensation Jurisprudence in India Introduction The amputation of a leg is a catastrophic event, inflicting profound...

When the testimony is neither wholly reliable or unreliable, corroboration is required: Supreme Court

Date: Dec 8, 2022

Case Title: Khema Alias Khem Chandra Etc. (S) v. State Of Uttar Pradesh (S) The Supreme Court noted that when an ocular testimony falls into the category of "neither entirely untrustworthy nor wholly...

Merely because an arrest is lawful in a particular case does not mandate that arrest must be made: Supreme Court

Date: Dec 8, 2022

Case Title: Siddharth v. State of Uttar Pradesh The Supreme Court ruled that Section 170 of the Criminal Procedure Code does not require the Officer-in-Charge to arrest every accused person at the...

Government has the power to appoint a person as Director of Enforcement for more than two years: Supreme Court

Date: Dec 8, 2022

Case Title: Common Cause (A Registered Society) v. Union of India According to the Supreme Court, the procedure outlined in Section 25 of the Central Vigilance Commission Act of 2003 can be used to...

The buyer cannot be made to wait endlessly for possession and is entitled to reimbursement from developer: Supreme Court

Date: Dec 8, 2022

Case Title: Kolkata West International City Private Ltd. v. Devidas Rudra The Supreme Court upheld the Consumer Commission's decision instructing the developer to reimburse the customer's money and...

A petition under section 7 IBC is maintainable even if the Credit Facility Agreement is unstamped: NCLAT

Date: Dec 8, 2022

Case Title:- Mr. Aashish Kadam & Anr. v. Nagpur Nagarik Sahakari Bank Ltd. The National Company Law Appellate Tribunal, Principal Bench while hearing an appeal observed that an unstamped credit...

The only courtroom where a lawyer cannot appear is the one where a relative sits as the Presiding Judge: Delhi High Court

Date: Dec 8, 2022

Case Title: Mathews J. Nedumpara and Ors. v. Shri Fali S. Nariman and Ors. The Delhi High Court rejected Attorney Mathews J. Nedumpara's request to "dismiss" Senior Advocate Fali S. Nariman from...