Chapter II (Section – 8) of The Indian Evidence Act, 1872
Of The Relevancy Of Facts Section – 8 – Motive, preparation and previous or subsequent conduct – Any fact is relevant which shows or constitutes a motive or preparation for…
Vinay D. Nagar v. State of Rajasthan, 2008 Cri LJ 1907 (SC)
In Padala Veera Reddy v. State of Andhra Pradesh & Ors., 1989 (Supp) 2 SCC 706, it was laid down that when a case rests upon circumstantial evidence, such evidence…
Obsurge Biotech Ltd. v. East West Pharma 2008 (36) PTC 542 (IPAB)
Summary of Judgment Tribunal cannot rely upon what is not evidence such as hearsay. Also we would not be justified in basing our Judgment or order upon evidence which is…
Shafin Jahan Vs. Asokan K M & Others [Criminal Appeal No. 366 of 2018 arising out of SLP (Crl) No. 5777 of 2017]
Under Muslim law, marriage or Nikah is a contract. Muslim law recognises the right of adults to marry by their own free will. The conditions for a valid Muslim marriage…
The principles which underlie the exercise of the jurisdiction of a court in a habeas corpus petition – Shafin Jahan vs. Asokan K M & Others [Criminal Appeal No. 366 of 2018 arising out of SLP (Crl.) No.5777 of 2017]
The principles which underlie the exercise of the jurisdiction of a court in a habeas corpus petition have been reiterated in several decisions of the Court. In Gian Devi v…
Doctrine “Parens Patriae” – Shafin Jahan Vs. Asokan K.M. & Ors. [Criminal Appeal No. 366 of 2018 arising out of S.L.P. (Crl.) No. 5777 of 2017]
Parens Patriae in Latin means “parent of thenation”. In law, it refers to the power of the State to interveneagainst an abusive or negligent parent, legal guardian or informalcaretaker, and to act as the parent of any child or individual who is in need of protection. “The parens patriae jurisdiction is sometimes spoken of as ‘supervisory’” . The doctrine of Parens Patriae has its origin in the United Kingdom in the 13th century. It implies that the King as the guardian of the nation is under …
The object and scope of Section 167 of the Code of Criminal Procedure (CrPC), 1973 – Central Bureau Of Investigation,…vs Anupam J. Kulkarni
Now coming to the object and scope of Section 167 it is well-settled that it is supplementary to Section 57. It is clear from Section 57 that the investigation should be completed in the…
The computation of period of remand (Central Bureau of Investigation,… vs. Anupam J. Kulkarni)
The proviso to Section 167(2) clearly lays down that the total period of detention should not exceed ninety days in cases where the investigation relates to serious offences mentioned therein and sixty…
Sheela Barse Vs. State of Maharashtra (AIR 1983 SC 378)
Summary of Judgment Legal assistance to a poor or indigent accused who is arrested and put in jeopardy of his life or personal liberty is a constitutional imperative mandated not…
Karnataka Industrial Areas Development Board v. C. Kenchappa (2006) 6 SCC 371
Important Points Of This Judgment The Constitutional philosophy enshrined in these Constitutional Provisions must be implemented. Articles 48A read as under: “48A. Protection and improvement of environment and safeguarding of…