Author: Bharat Chugh
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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…
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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…
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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…
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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…
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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…
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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 –…
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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…
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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…
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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…