Trial Court Archives | Page 2 of 5

Possession of joint land by one co-owner valid in absence of proof showing disagreement between other co-owners; Punjab & Haryana High Court reiterates

Punjab and Haryana High Court: Manjari Nehru Kaul, J., while dealing with a revision petition for setting aside the order passed by

Case Briefs High Courts

Madras High Court condemns a scornful society that sees misfortune with the birth of a girl child and reduces punishment in the instance of ‘Nalla Thangal Syndrome’

Madras High Court: In a case where a mother administered poison to her daughters and she survived but the daughters died, D.

Legal RoundUp Supreme Court Roundups

Supreme Court July 2022 Roundup| PMLA constitutional; Bail Act; Abu Salem’s scheduled release; Unmarried women’s right to abortion; and more

Top Stories Your cheat sheet to Supreme Court’s 545 pages long Money Laundering verdict The 3-judge bench of AM Khanwilkar, Dinesh Maheshwari

Case Briefs Supreme Court

Trial Court not a ‘mere post office’; must apply its mind while framing charges: SC unimpressed with discharge of murder accused based on postmortem report only

Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.

Case Briefs High Courts

Rajasthan High Court| Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC

Rajasthan High Court: Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where

Case Briefs High Courts

Kerala High Court upholds conviction of a father for sexually assaulting his minor daughter

“In a tradition-bound society like ours, particularly in rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground that there was a delay in lodging the FIR.”

Case Briefs High Courts

A 138 NI complaint filed was barred by limitation but such issue was raised for the first time before the Appellate Court and not Trial Court; Read to know what Kar HC observed

Karnataka High Court: HP Sandesh J. dismissed the petition and upheld the judgment by the Appellate Court and further directed the complainant

Case Briefs District Court

Can an unemployed husband escape from his responsibility to maintain wife? Tis Hazari Court answers

Tis Hazari Court, Delhi: Sanjay Sharma-II, ASJ-03, termination of service does not mean that husband is incapable of finding another employment and

Case Briefs High Courts

Trial Court mentions wrong provision of Mahomedan Law while granting maintenance to wife: Judgment of trial court will be defective in eye of law? Bom HC answers

Bombay High Court: Shrikant D. Kulkarni, J., decides whether the trial court’s decision mentioning the wrong provision pertaining to maintenance to the

Case Briefs Supreme Court

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC

Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Case Briefs District Court

Law on Domestic Violence | Whether a Magistrate is obliged to call for a ‘Domestic Incident Report’ before issuing notice to respondent? Read on

Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge, dismissed an appeal filed by the husband against the order of the trial court

Case Briefs High Courts

Pat HC | Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers

Patna High Court: Noticing discrepancies in the Trial the Division Bench of Ashwani Kumar Singh and Anil Kumar Sinha, JJ., acquitted a

Case Briefs Supreme Court

Mere reference to factual aspects to conclude question of law does not mean facts and evidence have been reappreciated: SC restates law on second appeal under S. 100 CPC

Supreme Court: A 3-Judge Bench of N.V. Ramana, CJI and A.S. Bopanna and Hrishikesh Roy, JJ. upheld the judgment of the Madras

Case Briefs Supreme Court

Can putting thumb impression instead of sign cause adverse presumption on genuineness of deed. What is proper stage to object regarding mode of proof? SC discusses

Supreme Court: Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., expressed that, Key characteristic of thumb impression is that every person

Case Briefs High Courts

Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on

Delhi High Court: Asha Menon, J., decided a matter concerning dishonour of cheque. Petitioner had filed a suit for recovery of Rs

Case Briefs High Courts

All HC | Can factum of disputed service of notice in S. 138 NI Act case be adjudicated under S. 482 CrPC? HC elaborates

Allahabad High Court: Vivek Varma, J., held that factum of disputed service of notice requires adjudication on the basis of evidence and

Case Briefs District Court

Destruction of crucial evidence, calculated narrative, conduct not natural of rape victim, et al.: 22-pointer comprehensive analysis of the 527-pages judgment of Sessions Court acquitting rape-accused Tarun Tejpal

District and Sessions Court at Panaji: After a trial which went on for 7 years 2 months and 25 days, Kshama M.

Case Briefs High Courts

Pat HC | Bias and prejudices, conjectures and surmises and personal views contrary to material on record have no place in court of law: HC says Trial Judge needs special training at Judicial Academy. Read why

Patna High Court: Birendra Kumar, J., while addressing the matter stated that the present judgment as well as the Trial Court’s Judgment

Case Briefs High Courts

Del HC | If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists

Delhi High Court: Rajnish Bhatnagar, J., upheld the trial court decision in view of no evidence placed on record. Petitioner is a

Case Briefs Supreme Court

High Court convicts a man for corruption without cogent reasons after Trial Court acquits him. Supreme Court reminds courts to take utmost care in scanning evidence before recording conviction

“Initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court.”