HOME
ABOUT US
PRODUCTS
CONTACT
LOGIN
|
SIGNUP
HOME
ABOUT US
PRODUCTS
CONTACT
LOGIN
|
SIGNUP
All
Judgement
Headnote
Auto
And
Or
Search
Latest Cases
IMPORTANT POINTS
(1) FIR – Even though it is not meant to be an encyclopedia containing chronicle of all intricate and minute details, it could be used to corroborate its maker under Section 157 of Evidence Act or to contradict informant under Section 145 of Evidence Act to establish whether he is a trustworthy witness or not.
(2) Dying declaration itself is not a strong piece of evidence.
(3) Appeal against conviction – Disposal of appeal under Section 374, Cr.P.C., shall not be by cryptic or non-reasoned order.
,25 Oct 2024
Supreme Court of India
IMPORTANT POINTS
(1) Torts – Medical negligence – Simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of medical professional so long as doctor follows acceptable practice of medical profession in discharge of his duties – He cannot be held liable for negligence merely because a better alternative treatment or course of treatment was available.
(2) Medical negligence – Simply for reason that patient has not responded favourably to surgery or treatment administered by a doctor or that surgery has failed, doctor cannot be held liable for medical negligence straightway by applying doctrine of Res Ipsa Loquitur unless it is established by evidence that doctor failed to exercise due skill possessed by him in discharging of his duties.
,25 Oct 2024
Supreme Court of India
IMPORTANT POINTS
(1) Death in motor accident – As to age of deceased, School Leaving Certificate has been accorded statutory recognition – Age mentioned in Aadhar Card could not be taken as a conclusive proof in view of Section 94 of JJ Act – If genuineness of School Leaving Certificate is not under challenge, said document has to be given due primacy.
(2) Appeal – Court sitting in appeal is not to substitute its view for that of Court below. ,24 Oct 2024
Supreme Court of India
IMPORTANT POINTS
(1) Divorce – A dead marriage must be given a decent quietus.
(2) Power under Article 142(1) of Constitution of India can be exercised by Supreme Court to dissolve a marriage which has lost its vigour beyond salvation.
,24 Oct 2024
Supreme Court of India
IMPORTANT POINT
Suspension of sentence and release on bail – Direction to pay fine issued against convicted accused is also a sentence – While convicting accused, if a direction is issued against him to pay fine, such a direction can be suspended in exercise of power under sub-section (1) of Section 389 of Cr.P.C. – If a condition of deposit of an amount is imposed while suspending sentence of fine, same should not be such that it is impossible for appellant to comply with it.
,24 Oct 2024
Supreme Court of India
IMPORTANT POINT
Land consolidation – Determination of share of parties – Authorities cannot import principles of Hindu law while determining share of parties who are Mohammedans.
,24 Oct 2024
Supreme Court of India
IMPORTANT POINT
Criminal breach of trust, cheating and conspiracy – Without existence of requisite mens rea no criminal prosecution will stand. ,22 Oct 2024
Supreme Court of India
IMPORTANT POINT
No formal proof of certain documents – Court has to appreciate, analyse and test creditworthiness of evidence led by prosecution which is available on record and if such evidence beyond reasonable doubt established charges, conviction could be recorded. ,21 Oct 2024
Supreme Court of India
IMPORTANT POINT
The remedy of specific performance is discretionary and requires the plaintiff to prove readiness and willingness to perform the contract, which was not established in this case. ,19 Oct 2024
Andhra High Court
IMPORTANT POINT
The court established that delay and laches bar the relief sought under Article 226, emphasizing that mere representation does not extend limitation periods. ,18 Oct 2024
Andhra High Court
Notes
Notifications on Mobile App Shortly Launching
22-03-2021 17:39:52
Data Browser
India
United Kingdom
Tribunals
United States
News & Updates
Shilpa Sailesh Vs Varun Sreenivasan
01-05-2023 17:57:20
Products