Author: Bharat Chugh

  • Appraisal of Testimony of Child Witness

    Comment :  Allahabad High Court Panchhi And Ors. vs State Of U.P. on 17 February, 1998 Equivalent citations: 1998 CriLJ 3305 Author: K Shahi Bench: G Mathur, K Shahi JUDGMENT K.D. Shahi, J. 1. Appellants Panchhi, Manmohan and Smt. Ram Shree have preferred this appeal against their conviction under Section 302 read with Section 34…

  • Adoption of major

    Comment : The court was faced with a man claiming property of the deceased – being adopted son – relying on a registered adoption deed. He claimed that as per S.16 of HAMA – a presumption attaches with a registered adoption that it is done in compliance of all conditions. However the son was 22 years…

  • Dowry Articles – Theft/379 IPC against MIL/SIL- Delhi High Court

    Comment : In this case the court was dealing with a revision against the order of framing of charge by a Mother In law & Sister In law (Accused Persons). The charge to which great exception was taken was 379. The allegation in the FIR was that MIL gave DIL’s articles to SIL in her…

  • Vinod Kumar Chowdhry vs Narain Devi Taneja on 11 January, 1980

    Vinod Kumar Chowdhry vs Narain Devi Taneja on 11 January, 1980 Equivalent citations: 1980 AIR 2012, 1980 SCR (2) 746 Bench: Koshal, A.D. PETITIONER: VINOD KUMAR CHOWDHRY Vs. RESPONDENT: NARAIN DEVI TANEJA DATE OF JUDGMENT11/01/1980 BENCH: KOSHAL, A.D. BENCH: KOSHAL, A.D. FAZALALI, SYED MURTAZA KAILASAM, P.S. CITATION: 1980 AIR 2012 1980 SCR (2) 746 1980…

  • Revision by Landlord against ARC’s adverse judgment – is maintainable

    Comment : In this case the issues that arose for consideration were “Whether a landlord can file a revision u/s 25B(8) of the Delhi Rent Control Act against a judgment wherein he loses his case” The Court held yes – in light of Vinod Kr. Choudhary v. Narain Devi Taneja (1980) SC 3 judges Bench.   …

  • Reference to Arbitration by an unregistered firm allowed for the purposes of dissolution.

    Comment : The Court was faced with the issue “Whether an unregistered firm can opt for arbitration for dissolution of the firm” The Court held YES – since there was no embargo on dissolution of an unregistered firm and filing a suit on that count, it makes no difference whether such dissolution is effect through instrumentality…

  • 25B DRC is a complete code in itself

    Om Prakash vs Ashwani Kumar Bassi on 27 August, 2010 Bench: Altamas Kabir, A.K. Patnaik IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.24430 OF 2008 Om Prakash … Petitioner Vs. Ashwani Kumar Bassi … Respondent J U D G M E N T ALTAMAS KABIR, J.   1. This…

  • Supreme Court on attempt to murder…

    Comment : In this case the court was faced with a situation where the accused belonging to the armed forces (a guard) shot at his colleague due to a minor spat from point blank range – the bullet did not hit him – however he was injured by the splinters. The Court held him guilty of…

  • Supreme Court on DNA Testing…

    COMMENT :  In this decision the court was once again faced with the baffling preposition as to whether DNA tests should be allowed to ascertain the paternity of a child ?, In what cases ? What about S.112 evidence Act, which in a nutshell says any child born during a marriage or 280 days after…

  • Evidentiary Value of Unregistered Document

    Comment : In this case the court was faced with the question whether an unregistered lease (which was compulsorily registrable) can be looked at – to know whether the same was given only for residence of a particular individual ? The answer depended on whether something as important a clause – can be said to be collateral…