Application: Applies to offences under Sections 3, 5, 7, and 9 (sexual assault, aggravated assault). Requirement: The Special Court shall presume the accused committed, abetted, or attempted the ...

Perusal of the relevant provisions referred to above reveal that legislative stress is on his wife, his legitimate or illegitimate child or his father or mother. When the stress is on the word 'his', ...

Part performance in the Specific Relief Act means specific performance of only a part of the contract, and the general rule is that the court does not order performance of a part alone. Section 12 is ...

21. Thus, the position of law is that relinquishment could be made at any stage of the litigation including the appellate stage. The claim of the plaintiff appellant for grant of benefit under ...

Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to ...

This is why Section 27 is often described as an exception to the general principle of limitation law. In most cases, expiry of limitation only bars the legal remedy, but under Sec ...

In the aforesaid backdrop, we are of the opinion that a practice of issuing notices to the individuals/noticees, asking them to attend the inquiry without furnishing the details of the complaint ...

22. A three judge bench of this Court in P. Lakshmi Reddy v. R. Lakshmi Reddy AIR 1957 SC 1789, while examining the necessary conditions for applicability of doctrine of ouster to the shares of ...

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Section 27 of the Indian Evidence Act carves out a well-known exception to the general rule that confessions made to police are inadmissible. The Supreme Court in Mehboob Ali v. State of Rajasthan, ...

Recent judicial developments show that courts now accept DNA evidence as highly probative, but they insist much more strongly on chain of custody, proper sampling, laboratory integrity, and ...

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