Author: Bharat Chugh

  • 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…

  • Law of Easments in India

    Comment : In this case the Court was faced with a question relating to acquistion of Easement. For starters an easement is basically a right to do, or not to do, or to get done or to omitted something over the land of another, for the beneficial enjoyment of your own land. The land that…

  • Declaration as to illegal termination

    Comment : In this case the court held that a declaration that a termination of a professor was illegal and he remained in service, was tantamount to ordering specific performance of a contract based on personal volition/qualification.  Supreme Court of India Dr. S. B. Dutt vs University Of Delhi on 3 September, 1958 Equivalent citations: 1958…

  • Perusal of Defence testimony

    Comment :  defence witnessess cannot always be termed to be tainted one. defences witnesses are entitled to equal treatment and equal respect as that of the prosecution. The issue of credibility and the trustworthiness ought also to be attributed to the defence witnesses at par with that of prosecution  Supreme Court of India State Of…