Supreme Court Judgement Archives - Page 19 of 21

Paramount consideration in case of custody of Child is Child’s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence.

Hshits1997

April 23, 2020

Harshit Sharma | Amity Law School, Madhya Pradesh | 16th December 2019 DSG v. AKG., Special Leave Petition (C.) No. 25098/2019 FACTS OF THE CASE The present petitioner-mother and respondent-father…

https://i0.wp.com/lexforti.com/legal-news/wp-content/uploads/2020/04/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1 560 315 Hshits1997 Hshits1997 https://i0.wp.com/lexforti.com/legal-news/wp-content/uploads/2021/01/159134300345793876.png?fit=96%2C96&ssl=1 April 23, 2020 January 7, 2021

Supreme Court Judgement

Paramount consideration in case of custody of Child is Child’s welfare and well-being, disregarding Statutory provisions and strict rules of Evidence.

VRS not in effect after 3 month notice ?

Whether delay to approach the SC or any other Courts are acceptable or not?

Future prospect & Age multiplier in respect of the deceased is an essential criterion in computing compensation in Motor Accident Claim Cases

Power under Section 319 of CrPC is discretionary and an extraordinary power but must be exercised only where strong and cogent evidence occurs against a person from the evidence led before the court.

In a criminal case, remand is not to be ordered as a matter of due course

In a criminal case, remand is not to be ordered as a matter of due course.

The judgments of acquittal passed by the Trial Court may be reversed or otherwise disturbed only for very substantial and compelling reasons.

If a woman commits suicide within a period of seven years of marriage the court is not bound to presume that suicide has been abetted by her husband.

The Court during Judicial Review do not have the same power as that of an Appellate Authority.

Rules framed under the proviso to Article 309 of the Constitution cannot be extended to the employees of the Pay Jal Nigam, unless they adopt it.

To test if the person was in intoxicated state will be determined by his ability to understand the consequences of his act.

Re-employment of a civil servant can be done by State Government by the powers conferred upon it under Article 162 of the Constitution.

Issues in the case of recovery of Rent & Eviction suit cannot be framed at the stage of Appeal.

Right of appeal is a statutory right which cannot be dismissed merely on the ground that the application filed by applicant under Order IX Rule 13 was dismissed.

Is Post Convictional mental illness a mitigating factor?

Shiv Sena and Ors. Vs Union of India

Conviction can be made over Extra-Judicial Confession along with other Circumstantial Evidence in absence of ‘Evidence of last seen’.

Execution of a lease deed which is subsequent to the previous deed by a trustee of a foundation is valid though the trustee is removed before the execution of the subsequent lease deed.

Is A Delay In Test Identification Parade Admissible.

When a criminal proceeding is manifestly attended with mala fide and is maliciously instituted, the High Court will not hesitate in exercise of its jurisdiction under Section 482 Cr.P.C.

Space tourism: Legal issues and challenges in reference to India

Order VIII Rule 6A CPC does not put blanket ban on filing of Counter-Claim after filing of Written Statement.

Inhuman Conditions in Prisons

Private Counsel Engaged By Victim To Assist Public Prosecutor Cannot Make Oral Argument or Cross Examine Witnesses