Credibility of Witness- Judgments of Supreme Court
In Girish Yadav and Ors. v. State of Madhya Pradesh, JT (1996) 3 SC 615, the site plan was prepared on hearsay and is not to be read as evidence.…
The Law on Disqualification from Service after Conviction
In Harichand Vs. Director of School Education, (1998) 2 SCC 383, Supreme Court interpreted the provisions of Section 12 of the 1958, Act and held as under: – “In our…
Banker’s Lien and Bank Guarantee- Explanation in Short
Banker’s Lien In Halsbury’s Laws of England, Vol.20, 2nd Edn.p.552, para 695, lien is defined as follows: Lien is in its primary sense is a right in one man to…
Dispension of Personal Appearance under Section 138 of NIA- Law in Short
Section 205 of the Code, which clothes the Magistrate with the discretion to dispense with the personal appearance of the accused, reads as follows: “205. Magistrate may dispense with personal…
Railway Receipts as Documents of Title: Legal Interpretation by Court
Under the Contract Act, delivery of goods by one person to another under a contract as security for payment of a debt is a pledge. Ordinarily delivery of tangible property…
Section 405 Criminal Breach of Trust- Main Ingredients
Section 405 talks about ‘Criminal Breach of Trust’. It states as follows- “405. Criminal breach of trust.— Whoever, being in any manner entrusted with property, or with any dominion over…
Criminal Conspiracy- How Acquittal of one affect the punishment of others?
Criminal conspiracy has been defined in section 120-A of the Indian Penal Code: – “When two or more persons agree to do or cause to be done (i) an illegal…
Order XLI Rule 27 C.P.C.- In Brief
The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order…
Order XII CPC- In Brief
Order XII CPC deals with admission of the case, admission of the documents and judgment on admissions. Rule 1 thereof provides that a party to a suit may give notice…
Presumption under Section 114(g) of the Evidence Act
Generally, it is the duty of the party to lead the best evidence in his possession, which could throw light on the issue in controversy and in case such material…