“When we study law we are not studying a mystery but a well-known profession. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.”
―Anonymous
M.Ed. is a postgraduate degree, M.Ed. qualified persons can be appointed to the post of Assistant Professor in Education: SC
M.Ed. is a postgraduate degree, M.Ed. qualified persons can be appointed to the post of Assistant Professor in Education: SC Anand Yadav & Ors v. State of Uttar Pradesh & Ors Civil Appeal No. 2850 of 2020 decided on 12.10.2020
The testimony of Related Witness should not be rejected ipso facto: SC
The testimony of Related Witness should not be rejected ipso facto: SC Karulal & Ors. v The State of Madhya Pradesh Criminal Appeal No. 316 of 2011 decided on 9 October, 2020.
No person is entitled to a copy of statement recorded under Section 164 of the Code till the appropriate orders are passed by the court after the charge-sheet is filed:SC
No person is entitled to a copy of statement recorded under Section 164 of the Code till the appropriate orders are passed by the court after the charge-sheet is filed:SC Miss ‘A’ v. State of Uttar Pradesh & Anr. CRIMINAL APPEAL NO. 659 OF 2020 decided on 08.10.2020
The Eternal Enigma of Public Policy under International Commercial Arbitration: NAFED v. Alimenta S.A.
By- Mohd. Shahid Khan Kiran Choudhary
SC relaxed the bail condition of Accused in Dr Payal Tadvi’s suicide case
Ankita Kailash Khandelwal & Ors. V. State of Maharashtra & Ors. CRIMINAL APPEAL NOS. 660-662 OF 2020
[Video Lecture] The Supreme Court discussed the ownership of goods in Hire Purchase Agreement
[Video Lecture] The Supreme Court discussed the ownership of goods in Hire Purchase Agreement
The Supreme Court discussed the ownership of goods in Hire Purchase Agreement
The Supreme Court discussed the ownership of goods in Hire Purchase Agreement M/S Magma Fincorp Ltd. v. Rajesh Kumar Tiwari CIVILAPPEAL NO. 5622 OF 2019 (ARISING OUT OF SLP (C) NO. 33720 OF 2018) decided on October 1, 2020
Supreme Court discussed the law of Juvenility
Supreme Court discussed the law of Juvenility Satya Deo v. State of Uttar Pradesh CRIMINAL APPEAL NO. 860 OF 2019, decided on October 10, 2020
Mere inclusion of candidate in a selection list does not confer upon them a vested right of appointment: SC
Mere inclusion of candidate in a selection list does not confer upon them a vested right of appointment: SC Commissioner of Police and Anr v. Umesh Kumar CIVIL APPEAL NO. 3334 OF 2020 decided on October 07, 2020
Indefinite encroachment of roads and public way for purpose of protest is not permitted: SC
Indefinite encroachment of roads and public way for purpose of protest is not permitted: SC Amit Sahni v. Commissioner Of Police & Ors. CIVIL APPEAL NO. 3282 OF 2020 decided on October 7, 2020
In case of abetment to suicide there must be clear evidence to show that accused instigated the victim by act or omission
In case of abetment to suicide there must be clear evidence to show that accused instigated the victim by act or omission Gurcharan Singh v The State of Punjab CRIMINAL APPEAL NO.40 OF 2011 decided on October 1, 2020.
The draconian notification against labours strike down by Supreme Court
Gujarat Mazdoor Sabha v. The State of Gujarat Writ Petition (Civil) No. 708 of 2020 decided on October 1, 2020
Length of the sentence or the gravity of the original crime can’t be the sole basis for refusing premature release: SC
Length of the sentence or the gravity of the original crime can’t be the sole basis for refusing premature release: SC Satish @ Sabbe v. The State of Uttar Pradesh Special Leave Petition (Crl.) No. 8326 of 2019 decided on September 30, 2020
It is not necessary that the accused must be actively involved in assault to convict him on the ground of common intention: SC
It is not necessary that the accused must be actively involved in assault to convict him on the ground of common intention: SC Subed Ali v. The State of Assam Criminal Appeal No. 1401 of 2012 decided on September 30, 2020
There cannot be any inherent right to compassionate appointment, it has to be in terms of the applicable policy as existing on the date of demise: SC
There cannot be any inherent right to compassionate appointment, it has to be in terms of the applicable policy as existing on the date of demise: SC State of Madhya Pradesh v. Amit Shrivas Civil Appeal No. 8564 of 2015 decided on 29.09.2020
The Supreme Court reiterated the law that sexual intercourse on false promise of marriage does not constitute rape
The Supreme Court reiterated the law that sexual intercourse on false promise of marriage does not constitute rape, Maheshwar Tigga v. The State of Jharkhand CRIMINAL APPEAL NO. 635 OF 2020 decided on September 28, 2020.
Supreme Court discussed the test for circumstantial evidence and circumstances under which high court can interfere in case of acquittal under S. 378 CrPC
Supreme Court discussed the test for circumstantial evidence and circumstances under which high court can interfere in case of acquittal under S. 378 CrPC Anwar Ali and another v The State of Himachal Pradesh CRIMINAL APPEAL NO. 1121 OF 2016 decided on 25th September, 2020
Insurance company cannot be fastened with liability to pay compensation when the driver of a vehicle involved in an accident does not have a valid driving license
Insurance company cannot be fastened with liability to pay compensation when the driver of a vehicle involved in an accident does not have a valid driving license Beli Ram v. Rajinder Kumar & anr. CIVIL APPEAL NOS. 7220-7221 OF 2011 decided on September 23, 2020
Section 61- 65 Of Indian Evidence Act, 1872 || Documentary Evidence || Primary & Secondary Evidence.
Section 61- 65 Of Indian Evidence Act, 1872 || Documentary Evidence || Primary & Secondary Evidence.
[September, 24] Quote of the Day
The writ of Habeas Corpus is the key that unlocks the door to freedom
SC clarifies the time of enforcement of Custom notification enhancing import tariff on goods from Pakistan
SC clarifies the time of enforcement of Custom notification enhancing import tariff on goods from Pakistan Union of India v. M/S G S Chatha Rice Mills Civil Appeal No 3249 of 2020 (Arising out of SLP(C) No 3860 of 2020 decided on September 23, 2020.
Brief of NLAT Judgment of Supreme Court
Brief of NLAT Judgment of Supreme Court Rakesh Kumar Agarwalla & Anr. v. National Law School Of India University, Bengaluru And Ors. WRIT PETITION (CIVIL) No. 1030 OF 2020 decided on September 21, 2020
[September,23] Quote of the Day
“A lawyer with a briefcase can steal more than a thousand men with guns.”
Delay in filing appeal is not an excuse: SC
Delay in filing appeal is not an excuse: SC Sagufa Ahmed v. Upper Assam Plywood Products Pvt. Ltd. CIVIL APPEAL No. 3007-3008 OF 2020 decided on September 18,2020
[September, 19] Quote of the Day
Rules of procedures are the hand-maids of justice and not mistress of justice.
Supreme Court discussed law of Specific Performance
Supreme Court discussed law of Specific Performance B. Santoshamma & anr v. D. Sarala & anr CIVIL APPEAL NO.3574 OF 2009 decided on September 18, 2020
Compensation for loss of future prospects can be awarded in cases of permanent disablement incurred as a result of a motor accident: SC
Compensation for loss of future prospects can be awarded in cases of permanent disablement incurred as a result of a motor accident Pappu Deo Yadav v. Naresh Kumar And Ors. CIVIL APPEAL No. 2567 OF 2020 decided on September 17,2020
SC sets aside closure report of police and directs fresh investigation
Neetu Kumar Nagaich v. The State Of Rajasthan And Ors. CRIMINAL APPEAL NO. 141 OF 2020 decided on September 16, 2020
SC recognizes the grounds for altering a sentence under Section 302 IPC to Section 304 Part II IPC.
Jugut Ram v The State of Chhattisgarh Criminal Appeal no. 616 of 2020 Arising out of SLP (Crl.) No.7416 of 2018, decided on 16 September 2020
[September, 17] Quote of the Day
“The task of a judge is not to make the law – it is to apply the law.”
Limitation period for enforcement of foreign award will be govern by Article 137 of the Limitation Act, 1963: SC
Government of India v Vedanta Limited & others CIVIL APPEAL NO. 3185 OF 2020 (Arising out of SLP (Civil) No.7172 of 2020) decided on September 16, 2020.
An unmarried Hindu daughter can claim maintenance from her father relying on Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 provided she pleads and proves that she is unable to maintain herself: SC
Abhilasha v. Prakash CRIMINAL APPEAL NO. 615 of 2020 (arising out of SLP (Crl.) No.8260/2018) Decided on 15.09.2020.
[September, 15] Quote of the Day
Rights and responsibilities are a complex system and the framers of our Constitution, aware of the grammar of anarchy; wrote down reasonable restrictions on libertarian exercise of freedoms
Section 59 & 60 Of Indian Evidence Act, 1872 || Oral Evidences
Section 59 & 60 Of Indian Evidence Act, 1872 || Oral Evidences
The Supreme Court recommend the Central Government to consider the efficacy of the advance tax ruling system
National Co-Operative Development Corporation v. Commissioner Of Income Tax, CIVIL APPEAL NOS. 5105-5107 OF 2009 decided on September 11, 2020.
Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion:SC
Pravin Kumar v. Union Of India CIVIL APPEAL NO. 6270 OF 2012 Bench: N.V. Ramana, S. Abdul Nazeer, Surya Kant JJ. Facts: The appellant approached the Supreme Court challenging the disciplinary proceedings against him. The appellant was working in the Central Industrial Security Force (CISF) and was entrusted with the work of conducting surprise searches to stop the activities of…
IS LORD DENNING’S FAVOUR TO EQUITY HARMFUL TO POSITIVISM? By – Pragya Dhanjika
IS LORD DENNING’S FAVOUR TO EQUITY HARMFUL TO POSITIVISM? By – Pragya Dhanjika
Benefit of reservation in terms of the Amending Act cannot be given if the Act has come into force after the commencement of the admission process: SC
Benefit of reservation in terms of the Amending Act cannot be given if the Act has come into force after the commencement of the admission process: SC
[September 11] Quote of the Day
[B]revity should be adhered to while drafting pleadings. Of course brevity should not be at the cost of setting out necessary facts, but it does not mean niggling in the pleadings.
The testimony of the official witnesses [police officer] cannot be rejected on the ground of non-corroboration by independent witness: SC
Rizwan Khan v. The State of Chhattisgarh CRIMINAL APPEAL NO. 580 OF 2020 decided on September 10, 2020.
It cannot be laid down as a rule of universal application that whenever the death occurs on account of a single blow, Section 302 IPC is ruled out: SC
Stalin v. State Represented by Inspector of Police CRIMINAL APPEAL NO. 577 OF 2020 decided on 09.09.2020
Quote of the Day
The constitutional courts are the sentinels of justice and have been vested with extraordinary powers of judicial review to ensure that the rights of citizens are duly protected
Vacancy at Indian Institute Of Management, Ahmedabad
Vacancy at Indian Institute Of Management, Ahmedabad
Section 52-55 Of Indian Evidence Act, 1872 || Character When Relevant in Civil & Criminal Cases
Section 52-55 Of Indian Evidence Act, 1872 || Character When Relevant in Civil & Criminal Cases
Section 46-51 of Indian Evidence Act, 1872 || Opinion Of Third Person when Relevant.
Section 46-51 of Indian Evidence Act, 1872 || Opinion Of Third Person when Relevant.
A Brief Introduction to Authorities under the UP Revenue Code, 2006
A Brief Introduction to Authorities under the UP Revenue Code, 2006
Compensation under the head ‘loss of consortium’ can also be awarded to parents and children in claims under MV Act, 1988: SC
Compensation under the head ‘loss of consortium’ can also be awarded to parents and children in claims under MV Act, 1988: SC
Know All About Injunctions
Having confusion between perpetual and mandatory injunction? Do you know about Ashok Kumar Injunction? Read the blog to know about these.
Barcode, containing all the relevant information, constitute necessary declaration for purpose of Food Adulteration Rule: SC
Barcode, containing all the relevant information, constitute necessary declaration for purpose of Food Adulteration Rule 32(e): SC Raghav Gupta v State (NCT of Delhi) and Another CRIMINAL APPEAL NO. 562 OF 2020 (Arising out of S.L.P.(Crl.) No. 2942 of 2020) Decided on September 4, 2020.
Quote of the Day
Every generation looks up to the next generation with the hope that they shall build up a nation better than the present.Bhartiya Seva Samaj Trust v Yogeshbhai Ambalal Patel
The Judicial Officer cannot invoke Art 217 to club the experience they had at Bar for purpose of elevation as Judge at High Court
The Judicial Officer cannot invoke Art 217 to club the experience they had at Bar for purpose of elevation as Judge at High Court R. Poornima and Ors. v. Union of India WRIT PETITION (CIVIL) NO. 1172 OF 2019 Decided on September 4, 2020.
Supreme Court rejected the recall application in case of contempt of this Court
Supreme Court rejected the recall application in case of contempt of this Court In Re: Vijay Kurle & Ors. In Suo Moto Contempt Petition (Criminal) No.2 of 2019 decided on September 3, 2020
What is Property?
What is property? The term ‘property’ is not properly and vividly defined in any book of Property Law. The author in this article would discuss the definition of the term ‘property’ and would try justify the definition. “The term ‘Property’ as in law of property means rights or interest over a thing (1), tangible or…
Section 45 of Indian Evidence Act, 1872 || Opinion of Experts.
Section 45 of Indian Evidence Act, 1872 || Opinion of Experts.
Section 195 of CrPC is an exception to Section 190 thereof and acts as an absolute bar, the procedure mentioned in Section 340 CrPC to be mandatorily followed: SC
Section 195 of CrPC is an exception to Section 190 thereof and acts as an absolute bar, the procedure mentioned in Section 340 CrPC to be mandatorily followed: SC M/s Bandekar Brothers Pvt. Ltd. & Anr. v. Prasad Vassudev Keni, etc. CRIMINAL APPEAL NO.S 546-550 OF 2017. Decided on 2.09.2020.
Property Law from the lens of Hohfledian Diads
Property Law from the lens of Hohfledian Diads Follow LawSamjho: Facebook: https://www.facebook.com/lawsamjho/ Google playstore https://play.google.com/store/apps/details?id=applawsamjhoin.wpapp Telegram: https://t.me/LawSamjho
[Video Lecture]Section 40-44 of Indian Evidence Act, 1872 || Relevancy Of Judgments.
Section 40-44 of Indian Evidence Act, 1872 || Relevancy Of Judgments.
Competent Authority cannot force any act which falls outside the purview of the Act:SC
Competent Authority cannot force any act which falls outside the purview of the Act:SC Shridhar C. Shetty (deceased) v. The Additional Collector & Competent Authority& Ors. CIVIL APPEAL NO(s). 2019 of 2010 decided on September 2, 2020.
Quote of the Day
The relation between a lawyer and his client is highly fiduciary in its nature and of a very delicate, exacting, and confidential character requiring a high degree of fidelity and good faith
A Proposed DARKNESS: Draft EIA Notification, 2020
A Proposed DARKNESS: Draft EIA Notification, 2020 By Mohd. Shahid Khan
Section 32 Of Indian Evidence Act, 1872 || Dying Declarations
Section 32 Of Indian Evidence Act, 1872 || Dying Declarations
Medical Council of India has no power to make provision for reservation of in-service candidates in PG Medical Courses : SC
Medical Council of India has no power to make provision for reservation of in-service candidates in PG Medical Courses : SC Tamil Nadu Medical Officers Association & Ors. v. Union of India & Ors. Writ Petition (Civil) No. 196 of 2018.
Quote of the day
“An independent and efficient judicial system is one of the basic structures of our Constitution.”
Section 30 & 31 Of Indian Evidence Act, 1872 || Confession of Co-accused.
Section 30 & 31 Of Indian Evidence Act, 1872 || Confession of Co-accused.
If the informant himself is the investigator, then by itself it cannot be said that the investigation is vitiated on the ground of bias: SC
If the informant himself is the investigator, then by itself it cannot be said that the investigation is vitiated on the ground of bias: SC Mukesh Singh v State (Narcotic Branch of Delhi) Special Leave Petition(Criminal) Diary No.39528/2018 decided on August 31, 2020.
Supreme Court held that availing a Civil Remedy or existence of such Civil Dispute cannot be considered as a ground to quash Criminal Proceedings.
Supreme Court held that availing a Civil Remedy or existence of such Civil Dispute cannot be considered as a ground to quash Criminal Proceedings. K. Jagadish v Udaya Kumar G.S. & Anr. Criminal Appeal no.56 of 2020
Quote of the Day
“Only when the criticism of judicial institutions transgresses all limits of decency and fairness or there is total lack of objectivity or there is deliberate attempt to denigrate the institution then the Court would use this(contempt) power.”
[Video Lecture] Section 30 & 31 Of Indian Evidence Act, 1872 || Confession of Co-accused.
[Video Lecture] Section 30 & 31 Of Indian Evidence Act, 1872 || Confession of Co-accused.
Prashant Bhushan punished with a fine of Re.1 failing which he shall undergo a simple imprisonment for a period of three months :SC
Prashant Bhushan punished with a fine of Re.1 failing which he shall undergo a simple imprisonment for a period of three months :SC In Re: Prashant Bhushan & Anr. …. Alleged Contemnor(S)
Supreme Court also struck down the NGT order of directing not to supply fuel to vehicles not having a valid PUC Certificate: SC
Supreme Court also struck down the NGT order of directing not to supply fuel to vehicles not having a valid PUC Certificate: SC State of Madhya Pradesh v Centre For Environment Protection Research And Development & Ors (CIVIL APPEAL NOS.8932-8933 OF 2015) decided on August 28, 2020
High Court cannot allow a Second Appeal without framing the Substantial Question of Law: SC
High Court cannot allow a Second Appeal without framing the Substantial Question of Law: SC Nazir Mohamed v. J. Kamala And Ors. CIVIL APPEAL NOS. 2843-2844 OF 2010 decided on 27.08.2020
[Video Lecture]Section 29 Of Indian Evidence Act, 1872 || Promise of Secrecy.
[Video Lecture]Section 29 Of Indian Evidence Act, 1872 || Promise of Secrecy.
Final semester students cannot be promoted without exams, States may approach UGC to postpone the exams: SC
Praneeth K And Ors. v. University Grants Commission (UGC) And Ors. Writ Petition (Civil) No.724 of 2020. decided on 28.08.2020.
[Video Lecture] Section 27 Of Indian Evidence Act, 1872 || Confessions to Police Officers (Discovery of Fact)
[Video Lecture] Section 27 Of Indian Evidence Act, 1872 || Confessions to Police Officers (Discovery of Fact)
Certificate under Section 65-B(4) is a condition precedent to the admissibility of evidence by way of electronic record:SC
Certificate under Section 65-B(4) is a condition precedent to the admissibility of evidence by way of electronic record:SC Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal CIVIL APPEAL NO. 20825-20826 OF 2017
Appeal by Victim challenging the order of sentence of lower court and seeking enhancement of sentence to death penalty is not maintainable: SC
Appeal by Victim challenging the order of sentence of lower court and seeking enhancement of sentence to death penalty is not maintainable: SC Parvinder Kansal vs. The State of NCT of Delhi CRIMINAL APPEAL NO. 555 OF 2020 [Arising out of S.L.P.(Crl.) No.3928 of 2020] decided on August 28, 2020
Pension is a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee: SC
Pension is a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee: SC V. Sukumaran vs. State of Kerala & Anr. (CIVIL APPEAL NO. 3984 OF 2010) decided on August 26, 2020
[Video Lecture]Section 25 & 26 Of Indian Evidence Act, 1872 || Confessions to Police Officers when not admissible.
[Video Lecture]Section 25 & 26 Of Indian Evidence Act, 1872 || Confessions to Police Officers when not admissible.
Supreme Court held that offences prescribing maximum sentence of more than7 years but not providing minimum sentences are not ‘heinous offences’, but ‘serious offences’, under JJ Act.
Supreme Court held that offences prescribing maximum sentence of more than7 years but not providing minimum sentences are not ‘heinous offences’, but ‘serious offences’, under JJ Act.
[Video Lecture] Section 24 & 28 Of Indian Evidence Act, 1872 || Confession made under Inducement, Threat or Promise.
[Video Lecture] Section 24 & 28 Of Indian Evidence Act, 1872 || Confession made under Inducement, Threat or Promise.
The plea of title and adverse possession are contradictory pleas and cannot be taken simultaneously: SC
The plea of title and adverse possession are contradictory pleas and cannot be taken simultaneously: SC Narasamma & Ors. v A. Krishnappa (Dead) Through LRs. CIVIL APPEAL NO. 2710 of 2010 decided on August 26, 2020.
The Registering Authority is empowered to assign a specific registration number to vehicle on demand of the concerned person: SC
The Registering Authority is empowered to assign a specific registration number to vehicle on demand of the concerned person: SC State of M.P v Rakesh Sethi CIVIL APPEAL NO. 7074 OF 2008, decided on August 26, 2020
Supreme Court sentenced the accused to life-imprisonment rejecting his plea for insanity and infancy.
Supreme Court sentenced the accused to life-imprisonment rejecting his plea for insanity and infancy. Mohd Anwar v. State (N.C.T. of Delhi)