The Concept of Reasonable Doubt under Criminal Jurisprudence
Under our criminal jurisprudence, the court ordinarily is not privy to the evidence collected during the investigation by the investigation agency. After completion of the investigation, what is brought before…
The Examination of Eye-Witness- The Points to be considered according to Supreme Court
The Court meticulously examines the evidence in a case, and in case of the examination of the witnesses, certain points have been established by the Supreme Court while considering the…
Are Relatives ‘Interested Evidence’?
In criminal cases, it is often the case that the offence is witnessed by a close relative of the victim, whose presence on the scene of the offence would be…
Evidentiary Value of Hostile Witnesses
Merely because the witnesses turn hostile does not necessarily mean that their evidence has to be thrown out entirely and what is supportive of the prosecution certainly be used. In…
The Points considered by the court while granting divorce under Cruelty ground
Section 13(1)(i-a) of the Hindu Marriage Act, enacted by Act No. 68 of 1976 with effect from 25th May 1976, reads thus: “13 Divorce.- (1) Any marriage solemnized, whether before…
Supreme Court’s Power under Article 142 to grant divorce in mutual consent cases
Exercise of jurisdiction under Article 142(1) of the Constitution of India by Supreme Court in such cases is clearly permissible to do `complete justice’ to a `cause or matter’. We…
Procedure under Section 13(b) for Divorce by Mutual Consent
Hindu marriage is traditionally considered to be a sacred union; a devout relationship that lasts till eternity. The Hindu Marriage Act provides the right to approach the court for dissolution…
The Interpretation of ‘Doing Complete Justice’ under Article 142 as done by Supreme Court
Article 142 of the Constitution grants the power to the Supreme Court of India to do complete justice in any cause or matter pending before it. Article 142(1) of the…
The distinction of Powers of the Court under Article 142 of Constitution, Section 151 of CPC and Section 482 of CrPC
The Constitutional power is exercisable by Supreme Court under Article 142(1) of the Constitution of India, and the inherent power of the civil court recognised by section 151 of the…
What the Court has to consider while allowing withdrawal of Prosecution under Section 321
Section 321 of CrPC grants the power to Public Prosecutor and Assistant Public Prosecutor to withdraw prosecution against a person except in certain cases. Section 321 reads as follows :-…