Section 114 – MyNation KnowledgeBase

SC on DNA test on children: Childrens right not to have their legitimacy questioned frivolously part of their rights to privacy

Posted on 21/02/202321/02/2023 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2023 (Arising out of SLP (C) No.9855/2022) Aparna Ajinkya Firodia …Appellant Versus Ajinkya Arun Firodia …Respondent J U D G M E N T NAGARATHNA J. Leave granted. 2. Indian Law has…

When court should not review an order on ground of Discovery of new Evidence?

Posted on 01/03/2020 by MyNation Leave a comment

IN THE HIGH COURT OF MADRAS Review C.M.P. No. 117 of 1994 in S.A. No. 839 of 1994 Decided On: 20.02.1996 Shanmugam Servai Vs. P. Periyakaruppan Servai Hon’ble Judges/Coram:N. Arumugam, J. Citation: AIR 1996 Mad 411 1. Heard. Seeking the review of the judgment delivered…

Application U/s 391 CrPC seeking to Adduce additional Evidence should be heard Immediately after It is filed

Posted on 05/02/202005/02/2020 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 184 OF 2020 SPECIAL LEAVE PETITION (CRL) NO. 8087 OF 2019 ASIM @ MUNMUN @ ASIF ABDULKARIM SOLANKI .. Appellant (s) Versus THE STATE OF GUJARAT .. Respondent(s) O R D E R…

NRIs don’t need to exhibit sum of unfamiliar bank accounts, resources to Indian taxation dept: I-T Tribunal

Posted on 09/01/2020 by MyNation Leave a comment

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “C”, MUMBAI Before Shri Pawan Singh (JUDICIAL MEMBER) AND Shri G Manjunatha (ACCOUNTANT MEMBER) I.T.A No.4679/Mum/2016 (Assessment year: 2006-07) & I.T.A No.4680/Mum/2016 (Assessment year: 2007-08) DCIT (IT)-3(3)(2), Mumbai……….APPELLANT vs Shri Hemant Mansukhlal Pandya B 201/202, Dheeraj Kunj…

Conviction under Section 380 IPC upheld on basis of illustration (a) of Section 114 of Evidence Act

Posted on 17/01/2019 by MyNation Leave a comment

THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL REVISION APPLICATION NO. 11 OF 2014 Imran Khan @ Banti Noorkha Pathan Aged about 26 yrs Occ :- Business R/o :- Karanja Ghatge, Tah : Karanja Ghatge District : Wardha … Applicant VERSUS State…

Accused has a right to cross-examine the witnesses

Posted on 30/10/2018 by MyNation Leave a comment

SUPREME COURT OF INDIA Sunil Mehta & ANR. Vs. State of Gujarat & ANR. [Criminal Appeal No. 327 of 2013 arising out of S.L.P. (CRL.) No.374 of 2012] T.S. THAKUR, J. 1. Leave granted. 2. The short question that falls for our determination in this…

Taunting, rudeness by in-laws will not attract 498A

Posted on 31/12/201731/12/2017 by MyNation Leave a comment

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4899 of 2015 HARESH LALSINGH GADHAVI & 3….Applicant(s) Versus STATE OF GUJARAT & 1….Respondent(s) Appearance: MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1 – 4 MR.SANAT…

Vague allegations of Dowry demand, 304B and 498a quash

Posted on 08/12/2017 by MyNation Leave a comment

IN THE COURT OF SHRI AJAY KUMAR KUHAR ADDL. SESSIONS JUDGE 02 : SE : SAKET COURT : ND IN RE: ID No. DLSE010001482013 SC No. 1388/16 FIR No.551/13 PS Govindpuri State Versus (1) Mithun S/o Shri Nokhai (2) Nokhai S/o Shri Tirath Nishad (3) Sushila Devi W/o Shri Nokhai All R/o RZ3121, Gali No. 35,Tughlakabad Extension,New Delhi. Date of Institution : 27.11.2013 Date of arguments : 08.11.2017 Date of judgment : 27.11.2017 JUDGMENT 1. The accused have been put to trial for the offences u/s 498 A IPC read with section 34 IPC; 302 IPC read with 34 IPC, 304B IPC read with 34 IPC and section 406 IPC read with section 34 IPC. 2. The facts of the case, in brief, are that on 04.08.2013, DD No. 6A was noted in the…

Chargesheet cant be treated as change of circumstances entitling accused to be released on bail

Posted on 20/05/201720/05/2017 by MyNation 2 Comments

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 601 OF 2017 VIRUPAKSHAPPA GOUDA Vs THE STATE OF KARNATAKA Dated:March 28, 2017. Citation: AIR 2017 SC 1685 2. The appellants, who have been arraigned as accused in sessions case being S.C. No.90…

Gujarat HC: No Specific allegations or role of in-laws, No 498A/DP – Quash

Posted on 07/05/201707/05/2017 by NEO Leave a comment

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION NO. 12520 of 2010 With CRIMINAL MISC.APPLICATION NO. 12787 of 2010 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE BIREN VAISHNAV 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be…

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Landmark Judgments and Articles on Law

Tag: Section 114

SC on DNA test on children: Childrens right not to have their legitimacy questioned frivolously part of their rights to privacy

When court should not review an order on ground of Discovery of new Evidence?

Application U/s 391 CrPC seeking to Adduce additional Evidence should be heard Immediately after It is filed

NRIs don’t need to exhibit sum of unfamiliar bank accounts, resources to Indian taxation dept: I-T Tribunal

Conviction under Section 380 IPC upheld on basis of illustration (a) of Section 114 of Evidence Act

Accused has a right to cross-examine the witnesses

Taunting, rudeness by in-laws will not attract 498A

Vague allegations of Dowry demand, 304B and 498a quash

Chargesheet cant be treated as change of circumstances entitling accused to be released on bail

Gujarat HC: No Specific allegations or role of in-laws, No 498A/DP – Quash

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