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Showing posts with the label reasoned order

Last Will may prevail over earlier Will:-

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  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.
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Every Judgment should contain reasons:-

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  Every Judgment should contain reasons:-      Reason is the heartbeat of every conclusion and without the same, it become lifeless. Order XX, Rule 4, Civil Procedure Code (hereinafter referred to as the 'C.P.C.') states that a judgment of Court shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision'. It has been repeatedly held that, a decision, if given, but reasons for decision are not given, judgment would be unsustainable.      In Cellular Operators Association of India and others v. Union of India and others : (2003) 3 SCC 186, concurring delivered by Hon'ble S.B. Sinha, J., it was said that a judgment of Court or a Tribunal should contain concise statement of case, points of decisions, the reasons for such decisions and decisions thereupon. In Balraj Taneja v. Sunil Madan: 2000 (40) ALR 494 (SC), referring to Order XX, Rule 4 (2) Code of Civil Procedur...
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Applicability of CPC & Limitation Act in Writ Proceedings:-

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  Applicability of CPC & Limitation Act in Writ Proceedings:-   The issue concerning applicability of the provisions of the CPC in the writ proceedings is no longer res integra in view clear pronouncement made by the Supreme Court in “ Puran Singh and Others v State of Punjab and Others” reported in (1996) 2 SCC-205 , wherein the Supreme Court was dealing with an issue as to whether the provisions contained under Order 22 of the CPC are applicable to proceedings under Article 226 & 227 of the Constitution of India. The question as to whether provisions of the Act, 1963 would apply in proceedings under Article 226 of the Constitution of India is also no longer res integra in view of the law laid down by the Supreme Court in “Smt. Sudama Devi v Commissioner and others ” reported in (1983) 2 SCC-1.  
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golden principles of circumstantial evidence

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                 In “ Sharad Birdichand Sarda vs State of Maharashtra” :AIR 1984 SC-1622,the SC elaborated the five golden principles of circumstantial evidence laid down in Hanumant Vs.State of MP:AIR 1952 SC-343 which has been strictly abided by the SC itself in various leading cases and therefore are very important. 1.      The circumstances from which the conclusion of guilt is to be drawn should be fully established. 2.      The facts so established should be consistent with the hypothesis of guilt. 3.      The circumstances should be of a conclusive nature and tendency. 4.      They should exlcude every possible hypothesis except the one to be proved. 5.      There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that...
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Sentence less than Minimum Sentence:-

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  Sentence less than Minimum Sentence:-                    In “ State of MP vs Vikram Das ” reported in (2019) 4 SCC-125,the Supreme Court has held that awarding sentence less than the minimum sentence is impressibility .                    In “ State v. Ratan Lal Arora” : (2004) 4 SCC-590, the Supreme  Court of India said that in cases where an enactment enacted after the Probation Act prescribes minimum sentence of imprisonment, the provisions of the Probation Act cannot be invoked.                  
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