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Latest Cases
IMPORTANT POINT
Mutual fund distributors are not entitled to direct payment from unitholders – If amount cannot be due and payable to principal, claim of agent or a third party must also fail.
,12 Aug 2022
Supreme Court of India
IMPORTANT POINT
Bungalow Buyer’s Agreement – Direction for refund can be passed where agreement between parties has become difficult to be honoured.
,12 Aug 2022
Supreme Court of India
IMPORTANT POINT
High Court while exercising power under Section 482 Cr.P.C., is expected to pass a reasoned and speaking order. ,11 Aug 2022
Supreme Court of India
IMPORTANT POINT
Judicial Decorum – Judicial decorum demands that if judgments passed by two-Judges’ Bench of equal strength are conflicting, issue of law involved must be referred to a larger Bench as the same is desirable to avoid confusion and maintain consistency of law.
,11 Aug 2022
Supreme Court of India
IMPORTANT POINTS
(1) It will not be safe to base conviction solely on the basis of alleged extra-judicial confession made by appellant to witnesses.
(2) Accused ‘must be’ and not merely ‘may be’ guilty before a Court can convict. ,11 Aug 2022
Supreme Court of India
If any person referred to in sub-section (1) of Section 64 has built a house on any land referred to in Section 63 of this Code, not being land reserved for any public purpose, and such house exists on November 29, 2012, site of such house shall be held by owner of house on such terms and conditions as may be prescribed. ,11 Aug 2022
Allahabad High Court
IMPORTANT POINTS
(1) Principle “falsus in uno falsus in omnibus” may not have unadulterated application to criminal jurisprudence.
(2) Verdict of acquittal cannot be overturned without concrete reasons. ,10 Aug 2022
Supreme Court of India
IMPORTANT POINT
Offences under NDPS Act are very serious in nature and against society at large and no discretion is to be exercised in favour of such accused who are indulged in such offences under the Act – However, Court cannot ignore mitigating factors in favour of accused. ,10 Aug 2022
Supreme Court of India
IMPORTANT POINTS
(1) On the ground of minor inconsistencies, evidence of injured witness cannot be brushed aside.
(2) Enmity provides motive to crime and on other, there is a possibility of false implication.
(3) Appeal – Though in cases of concurrent findings of fact Supreme Court will not ordinarily interfere with said findings, in exceptional circumstances, Supreme Court is empowered to do so. ,10 Aug 2022
Supreme Court of India
IMPORTANT POINTS
(1) Court is vested with a broad and wholesome power, in terms of Section 311 of Cr.P.C., to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution evidence is not an absolute bar.
(2) It is duty of criminal court to allow prosecution to correct an error in interest of justice. ,08 Aug 2022
Supreme Court of India
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