Know The Law| Can There Be A Blanket Stay On Money Decree?

In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. Read More>>

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam Subba (accused) who was a domestic help in the home of the mother-daughter duo whom he allegedly murdered. The Court stated that while the charge of murdering the mother had been proved against the accused, the charge of murdering the daughter had not been conclusively proven. Read More>>

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

“We are of the view that in view of Section 12 of the Specific Relief Act, 1963, in a suit for specific performance wherein the plaintiff is required to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract, a Power of Attorney Holder is not entitled to depose in place and instead of the plaintiff.”, the bench comprising Justices Pankaj Mithal and Prashant Kumar Mishra said. Read More>>

Principles Relating To Dying Declaration : Supreme Court Explains

Accordingly, the court noted that there was no reason to doubt the correctness of the dying declaration of the deceased which has been proved in evidence as the attending doctor has certified that the deceased was capable of narrating her statement. Moreover, the substance of the dying declaration is also borne out by the medical history of the patient recorded by the doctor which has also been proved in evidence. Read More>>

Supreme Court Quarterly Digest On Indian Evidence Act [Jan – Mar, 2024]

Court has to strike a balance between testimonies of Injured Witness & Interested Witness. The evidence of an injured witness is considered to be on a higher pedestal than that of a witness simpliciter. (Para 28 & 34) Periyasamy v. State, 2024 LiveLaw (SC) 244 : AIR 2024 SC 1667. Read More>>