Criminal Trial - In the cases of circumstantial evidence when the chain of circumstances have been adequately proved to link to the culpability of the accused, motive is irrelevant. (Para 23) [Context: SC dismissed appeal of husband–accused against his conviction…

Practice and Procedure- Undertakings given by State Authorities- Constantly giving undertakings before a constitutional Court and thereafter resiling from them does not comport with the standards expected of a model employer. An undertaking recorded by a…

Constitution of India - Article 235 - The Registrar General of the High Court has absolutely no authority either in terms of the constitutional scheme or the statutory rules governing the service conditions of the judicial officers, to suo-moto initiate disciplinary…

Indian Penal Code 1860 - Section 506 - The act of video-recording the victim in a naked state while she was taking a bath and the threat to upload it on digital social media can be construed to be an act amounting to a threat to impute unchastity within the

Notes On Supreme Court Judgments

Notes On Supreme Court Judgments

Practice and Procedure - High Court refused to decide the matters on merits, citing that the counsel appearing physically was not prepared and the counsel appearing virtually from Delhi was not duly instructed, and also imposed costs of Rs. 10,000 on the…

Criminal Trial - Legal aid to an accused person must not be a mere ritual or a token formality, but a substantive and meaningful exercise that ensures effective assistance of counsel. [Context:SC held that the Madhya Pradesh High Court, in deciding the appellant’s…

Notes On Supreme Court Judgments

Constitution of India - Article 20(2) ; Code of Criminal Procedure 1973 - Section 300 - An order under Section 482 CrPC quashing proceedings unfastening any criminal liability operates on an entirely different plane from an order of acquittal or conviction…

Notes On Supreme Court Judgments

Indian Evidence Act 1872 - Section 27 - When recoveries were made from the places, which were accessible to one and all and as such, no reliance could be placed on such recoveries. (Para 32)

Indian Evidence Act 1872 - Section 106 - If the accused fails to…

Criminal Trial - Evidence - Merely on account of the panch witnesses turning hostile cannot be a ground to discard this important piece of evidence, if the recovery is proved through the investigating officer. (Para 18) [Context: SC upheld the concurrent…

Succession Law - Indian Succession Act 1925 - Section 247 - Status of Administrator Pendente Lite - An Administrator under Section 247 of the Indian Succession Act, 1925 is appointed by the Court and is thus an officer of the Court, subject to the immediate…

Tax Law - Burden of Proof - Onus on Taxing Authority - [...] in matters of classification of goods, the burden of proof rests on the shoulders of the Revenue. [...] The burden of proof is on the taxing authorities to show that the particular case or item…