Manoj Raikar

Delhi HC Holds that Sole Testimony of a Rape Victim Sufficient to Return a Verdict of Conviction  

Introduction The Courts have time and again reiterated that sole testimony of a rape victim is sufficient to return a verdict of conviction against the accused. A criminal case rests on the theory that the burden is on the prosecution...

Supreme Court Directs Sympathetic Consideration of Representations for Inter-Cadre Transfer

Introduction Willful disobedience of the order of the court has been strictly scrutinized by the Supreme Court in various decisions. The Supreme Court in this case recognizes the tactful obedience and implementation of the order of both the Central Administrative...

Supreme Court Reiterates, “Vigilantibus Non Dormientibus Jura Subveniunt”

Introduction An appeal from the order of any court needs to be filed before the appellate tribunal or court during the prescribed period. An application for condonation of delay is allowed if the delay in filing the appeal is within...

Section 12 of the Specific Relief Act, 1963 Must Be Construed Purposively: Supreme Court

The specific performance of a contract is governed by the Specific Relief Act, 1963, and the Court is bound to apply its provisions purposively and in a meaningful manner. In the present case, upholding the sale deed between the...

SC Directs DE Novo Investigation in NLUJ Student’s Death Matter

Introduction Courts have the power to order further investigations under Sec. 173(8) of Cr.P.C. if it finds that the report submitted following an investigation is insufficient. On the other hand, the power to order fresh investigations is not recognized under...

Supreme Court Converts Conviction Under Section 302 to Section 304 Part II for Lack of Premeditated Intention

Introduction The Supreme Court has, on many occasions converted conviction under Sec. 302 to one under Sec. 304 Part II. However, every case depends on the facts and circumstances of each case. Therefore, the conversion of conviction depends on various...

SC Determines the Taxable Nature of NCDC’s Interest Income

Introduction The Appellant, National Co-operative Development Corporation is established under the National Cooperative Development Corporation Act, 1962 (“NCDC Act”). The functions of the Appellant Corporation are prescribed under Section 9 of the Act, which includes advancing loans to cooperative societies....

Uttarakhand HC Passes Order to Furnish Bail Surety of ₹5,000 in Backdrop of Financial Constraints

Introduction The Hon’ble Supreme Court through Justice Krishna Iyer in G. Narasimulu's case had observed that "bail is a rule and jail is an exception". In this regard, an individual accused of a crime is innocent until proven guilty and...

Delhi HC Reiterates, “Lack of Independent Witness Does Not Vitiate the Prosecution’s Case”

Introduction Section 50 of the NDPS Act, 1985 stipulates search of the Accused in the presence of a Gazetted Officer or a Magistrate. This provision is a mandatory procedural provision and non-compliance of the same could vitiate the Prosecution’s case....

SC Directed the Rajasthan State Road Transport Corporation to Pay the Pension to Absorbed Employees

The payment of pension to the surplus employees who are absorbed into another public enterprise is generally governed by the regulations and the circulars issued by the State Government concerned. This case examines one such situation of pension payable...

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