Topic Details
Topics Headnote Judgement
LAW OF RELIEF A presumption cannot be raised that dowry & the traditional presents given at or about the time of wedding was entrusted and put under the dominion of the in- laws of the bride. PDF
LAW OF RELIEF For conviction of the accused all the necessary ingredients constituting an offence must be proved beyond reasonable doubt. PDF
LAW OF RELIEF Not sending the Blood & soil samples for FSL examination is a serious lacunae in the investigating procedure. PDF
LAW OF RELIEF Motive alone cannot be sufficient to convict the accused as it is not substantive evidence and is merely corroborative in nature. PDF
LAW OF RELIEF Non stating in Fitness Certificate that ‘the deceased is in a fit and stable mental condition at the time of making the statement’ is fatal to prosecution. PDF
LAW OF RELIEF Shadow witness did not hear the actual conversation between the appellant and the complainant, fatal to prosecution. PDF
LAW OF RELIEF Public servant is entitled to protection not only in regard to an offence alleged to have been committed by him while acting as a public servant but also in respect to the offences alleged to have been committed by him while purporting to act in discharge of his official duty. PDF
LAW OF RELIEF In the absence abetment and/or common intention an accused cannot be convicted for an act attributed to co-accused. PDF
LAW OF RELIEF When the complainant fails to prove the legally enforceable debt beyond reasonable doubt, the acquittal of accused is justified. PDF
LAW OF RELIEF Any person affected by any proceedings under the DV Act, prior to initiation of proceedings u/s 12, may prefer Special Criminal Application u/Art 226 of the Constitution, if as per him, the proceedings are beyond the scope and ambit of the Act or without any authority in law. PDF
LAW OF RELIEF Once the applicability of the CrPC has started on account of any judicial order passed by the learned Magistrate remedial measures to the aggrieved person can be said as available. PDF
LAW OF RELIEF Giving permission to challenge the final report (FR) or adduce the counter evidence is not only not warranted by Sections 202 and 203, but would negative the very purpose of those sections. PDF