Month: March 2012

  • Supreme Court on S.14(1) of Hindu Succession Act

    Supreme Court of India Smt.Palchuri Hanumaya inma vs Tadikamalla Kotlingam (D) By … on 9 October, 2001 Author: S Hegde Bench: N S Hegde, S Variava CASE NO.: Appeal (civil) 967 of 1987 PETITIONER: SMT.PALCHURI HANUMAYAMMA Vs. RESPONDENT: TADIKAMALLA KOTLINGAM (D) BY L.RS. & ORS. DATE OF JUDGMENT: 09/10/2001 BENCH: N. Santosh Hegde & S.N. […]

  • Can a Husband of a minor girl claim custody ?

    Comment : In this case – the court was faced with the perplexing question as to whether a person who is accused of kidnapping a minor girl and marrying her rendering himself liable under various sections of IPC/Prohibition of Child Marriage Act, 2006 – whose marriage is indubitably voidable – can be held to be ‘husband’ […]

  • Supreme Court on Rash & Grossly Negligent.

    Supreme Court of India Rathnashalvan vs State Of Karnataka on 11 January, 2007 Author: D A Pasayat Bench: D A Pasayat, S Kapadia CASE NO.: Appeal (crl.) 45 of 2007 PETITIONER: Rathnashalvan RESPONDENT: State of Karnataka DATE OF JUDGMENT: 11/01/2007 BENCH: DR. Arijit Pasayat & S.H. Kapadia JUDGMENT: JUDGMENT DR. ARIJIT PASAYAT, J. : 1. […]

  • Murder v. Culpable Homicide – R v Govinda

    Comment : The distinction drawn by Melville J. in this cause celebre, has been accepted. In a nutshell – as Culpable Homicide is the genus and murder is the species. Murder is culpable homicide + that extra mental element – more aggravated mens rea than CH.    Bombay High Court Reg vs Govinda on 18 July, […]

  • Issue Estoppel in a Criminal Trial !

    Comment : In this case the Court applied the principles of issue estoppel. The accused was earlier acquitted in a 399/402/25 Arms Act Case because recovery was found as bogus and not proved, later he was tried for 411 for possession of stolen gun. The Court held that the earlier findings held good as issue estoppel, […]

  • Role of Judge in a Criminal Trial

    A judgment of seminal important on the role of a judge in a criminal trial, the breadth of the 165/311 inquisitorial aspects of court’s jurisdiction are dealt with.    Supreme Court Ram Chander vs State Of Haryana on 25 February, 1981 Equivalent citations: 1981 AIR 1036, 1981 SCR (3) 12 Bench: Reddy, O Chinnappa PETITIONER: […]

  • Bar Council Decision res judicata on civil court

    Comment  : The issue in this case was whether a cantankerous litigant having exhausted his remedies against an advocate in the Bar Council (State as well as National) Can sue the advocate for negligence in the Civil Court ? The Court held no – such proceeding would be barred by the principles of Res Judicata.  […]

  • Injunction against Partners from competing

    Comment : This pronouncement concerns a case where a partnership firm sought to injuct it’s ertwhile(retired) partners from carrying on competing business in contravention of Retirement Deed. The Court did not grant the relief for the reason that the plaintiff/applicants could not bring a prima facie – insofar as there was no apprehension objectively determinable that […]

  • Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.

     Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as T.A (Travel Allowance) when indeed the employee did not travel at all. His guilt was sought to be established by putting on him the burden […]

  • Supreme Court on Customary Divorce….

    Comment : In this case the court was faced with facts wherein the deceased husband’s relatives sought to oust the widow from claiming partition – by relying on the specious plea that the widow stood divorced via customary divorce letter, the court held that though S.29(2) HMA expressly saves customary mode of divorce from the effect […]