Legal Articles Accused Taking Plea Of Self Defence Need Not Prove It Beyond Reasonable Doubt: SC June 20, 2022 / June 20, 2022 by Sanjeev Sirohi | Leave a Comment While making a broad and liberal interpretation of the plea of right of self defence, the Apex Court has as recently as on June 14, 2022 in a brief, brilliant, bold and balanced judgment titled Ex. Ct. Mahadev vs Director General Border Security Force in […] Read more » Plea Of Self Defence Need Not Prove It Beyond Reasonable Doubt SC
Legal Articles Conviction Cannot Be Based Solely On The Testimony Of A Wholly Unreliable Witness: SC June 10, 2022 / June 10, 2022 by Sanjeev Sirohi | Leave a Comment Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is “wholly reliable”, the Court should not have any difficulty in as much as conviction or acquittal could be based on the testimony of such single witness. Equally, if the Court finds […] Read more » Conviction Cannot Be Based Solely On The Testimony Of A Wholly Unreliable Witness SC
Legal Articles Wife’s Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: SC May 15, 2022 / May 15, 2022 by Sanjeev Sirohi | Leave a Comment “A further legal point is taken with regard to the dying declarations. It is contended that so far as the charges for the offences under sections 392 and 397 are concerned the dying declarations are not admissible under section 32(1) of the Indian Evidence Act inasmuch as the cause of the deceased’s death does not […] Read more » SC Wife’s Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Wife’s Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death
Legal Articles Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient: SC May 13, 2022 / May 13, 2022 by Sanjeev Sirohi | Leave a Comment While delivering a decisive and overwhelming mandate exclusively in favour of doctors, the Apex Court in an extremely commendable, courageous, cogent, composed and creditworthy judgment titled Dr. (Mrs.) Chanda Rani Akhouri & Ors. Vs Dr MA Methusethupathi & Ors and cited in 2022 LiveLaw (SC) 391 in exercise […] Read more » Doctors Cannot Be Held Liable For Medical Negligence SC
Legal Articles No One Can Be Permitted To Take The Benefit Of A Wrong Order Passed By A Court: SC April 1, 2022 / April 1, 2022 by Sanjeev Sirohi | Leave a Comment While sending a very strong, sensible and unequivocal message to one and all, the Apex Court as recently as on March 29, 2022 in a learned, landmark, laudable and latest judgment titled Mekha Ram and Others Etc. Etc. Versus […] Read more » No One Can Be Permitted To Take The Benefit Of A Wrong Order Passed By A Court SC
Legal Articles Complete Absence Of Motive In A Case Based On Circumstantial Evidence Weighs In Favour Of Accused: SC March 1, 2022 / March 1, 2022 by Sanjeev Sirohi | Leave a Comment (A) PW-3 Birja Singh, younger brother of the deceased, was a student of Vth class when he was examined. The witness stated that on the relevant day he had gone along with the deceased on a bicycle for milling of paddy; and that after the paddy was milled at the place one Ullekh Prasad, he […] Read more » Circumstantial Evidence Weighs In Favour Of Accused Complete Absence Of Motive In A Case SC
Legal Articles Criminal Court Can Try A Case Against Army Man If Commanding Officer Does Not Exercise Discretion Under Section 125 Army Act To Initiate Court Martial: SC February 11, 2022 / February 11, 2022 by Sanjeev Sirohi | Leave a Comment (i) The order of appointment of the accused; (ii) Duty Deployment Chart of Sunday, 14 December 2014; (iii) Weapon Issue Register of Sunday, 14 December 2014; and (iv) Records of any previous offence.” “Subject to the provisions of section 70, any person subject to this Act who at any place in or beyond India, commits […] Read more » SC Section 125 Army Act To Initiate Court Martial
Legal Articles Post Office/Bank Can Be Held Liable For Frauds Or Wrongs Committed By Its Employees: SC February 8, 2022 / February 8, 2022 by Sanjeev Sirohi | Leave a Comment “I have gone through the records of the case, enquiry report and other related documents of the case and have come to conclusion that the charged official Shri M.K. Singh utterly failed to observe the Rule 23(1) of PO S.B. Manual Volume-II, i.e., procedure for encashment of certificates purchased from other than the office of […] Read more » Frauds Or Wrongs Committed By Its Employees Post Office/Bank Can Be Held Liable For Frauds Or Wrongs Committed By Its EmployeesSC SC
Legal Articles Section 372 CrPC – Victim’s Right To Prefer Appeal Against Acquittal Absolute, Not Necessary To Obtain Special Leave: SC January 31, 2022 / January 31, 2022 by Sanjeev Sirohi | Leave a Comment That all the original accused were charged and tried for the offences punishable under Sections 147, 148, 324, 326, 307, 506(ii) r/w section 149 IPC. That the Chief Judicial Magistrate, Tiruchirapalli, by judgment dated 28.09.2012, convicted the accused under the aforesaid offences except Sections 307 and 506(ii) IPC and thereby acquitted the accused under Sections […] Read more » SC
Legal Articles Section 5 Limitation Act Cannot Be Invoked To Condone Delay Beyond Period Prescribed Under Section 34(3) Of Arbitration Act: SC January 5, 2022 by Sanjeev Sirohi | Leave a Comment While drawing the red lines most clearly, the Apex Court has as recently as on December 16, 2021 in a learned, laudable, landmark and latest judgment titled Mahindra and Mahindra Financial Services Ltd vs Maheshbhai Tinabhai Rathod & Ors in Civil Appeal No. 11477 of 2014 with Civil Appeal No. 11478 of 2014 in […] Read more » SC
