Q. What is “Dying Declaration”? Whether the dying declaration by itself can be the basis for conviction? Give an example with case law. [MPCJ 2011] Ans. Section 32(1) of the Evidence Act contains provision for the relevancy of what is…
Q. How far the findings of a previous Civil case are relevant in a subsequent Civil & Criminal case based on same facts. Explain with the help of case law . [MPCJ 2011] Ans. The findings of a previous Civil…
Q. Define an accomplice. A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. Explain and state the principles of law involved. [MPCJ 2010] Ans. The expression \”accomplice\” is nowhere defined in the Indian…
Q. State the four circumstances where the statements of relevant facts by a person, who is dead and cannot appear before the Court to give evidence, are relevant. [MPCJ 2010] Ans. As per section 32 of the Evidence act, the…
Q. Define fact, relevant fact and fact in issue. Point out the difference between the last two? [MPCJ 2010] Ans. All three expression, fact, relevant fact and fact in issue has been statutorily defined under Sec. 3 of the Evidence…
Q. Enumerate the ways in which the credit of a witness may be impeached by the adverse party. Can a party impeach credit of his own witness ? If so, when ? [MPCJ 2009] Ans. Impeaching the credit of a…
Q. What are the exceptions to the general rule that ’’Hearsay evidence is not admissible”? [MPCJ 2009] Ans. As a general rule section 60 of the Evidence Act mandates that oral evidence in all cases must be of direct in…
Q. Distinguish between admission and confession. Under what circumstances and to what extent, can the confession by an accused be used in evidence against a co-accused? [MPCJ 2009] Ans. Both the admission and confession are substantive evidence and closely related…
U. N. R. Rao v. Indira Gandhi [1971 SC] Issue: Is it essential to have a Council of Ministers under Article 74(1) even at a time when the House of the People has been dissolved or its term has expired?…
S.P. Anand v. H.D. Deve Gowda [1997 SC] PETITIONER: S.P. ANAND, INDORE RESPONDENT: H.D. DEVE GOWDA & OTHERS DATE OF JUDGMENT: 06/11/1996 BENCH: CJT, SUJATA V. MANOHAR Issue : Can a person who is not a member of either House…
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology Appeal (civil) 992 of 2002 Bench: Bharucha, S.P. (Cji), Quadri, S.S.M. (J), Lahoti, R.C. (J), Hegde, N.S. (J) Raju, Doraiswamy (J), Pal, Ruma (J) Pasayat, Arijit (J) Facts: In 1972, Sabhajit…
Shankari Prasad v. Union of India, 1952 Issue : Whether the Constitution (First Amendment) Act 1951, which was passed by the provisional Parliament to insert articles 31A and 31B, is ultra vires and unconstitutional? Judgment: “Although “law” must ordinarily include…
Selvi v. State of Karnataka (2010) 7 SCC 263 The legal questions in this batch of criminal appeals relate to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test for…
Murli S. Deora v. Union of India [2001 SC] The Fundamental right guaranteed under Article 21 of the Constitution of India, inter alia, provides that none shall be deprived of his life without due process of law. Then – why a non-smoker…
L. Chandra Kumar v. Union of India [1997 SC] Ouster of power of Judicial Review and vesting the same in administrative tribunals to the total exclusion of the High Courts under Article 226 of the Constitution – not permissible. Background…
D. K. Basu v. State of W. B. [1996 SC] The Executive Chairman, Legal Aid Services, West Bengal, a non-political organisation registered under the Societies Registration Act, on 26-8-1986 addressed a letter to the Chief Justice of India drawing his…
D.C. Wadhwa v. State of Bihar [1987 SC] Issue : Repeated promulgation of the same Ordinance The petitions under Article 32 of the Constitution raised the question relating to the power of the Governor under Article 213 of the Constitution…
Rhea Chakraborty v. State of Bihar This Transfer Petition is filed under section 406 CrPC for transfer of FIR No. 241 of 2020 (dated 25.7.2020) under Sections 341, 342, 380, 406, 420, 306, 506 and 120B IPC) registered at Patna…
Chebrolu Leela Prasad Rao & Ors. v. State of Andhra Pradesh & Ors. [2020 SCC OnLine SC 383] The Supreme Court deals with the constitutional validity of 100% reservation in government positions for backward class, i.e., STs. Bench – Arun…
Prithviraj Chouhan v. UOI [2020 SCC OnLine SC 159] The Supreme Court deals with the constitutional validity of Section 18A of the SC ST (Prevention of Atrocities) Amendment Act, 2018. Bench – Arun Mishra, Vineet Saran, S. Ravindra Bhat. Facts…
Secretary, Ministry of Defence v. Babita Puniya & Ors. [2020 7 SCC 469] The Supreme Court declared that women\’s permanent commission shall be granted in the navy and army e as per the constitutional provisions in India and Article 14…
Mukesh Kumar & Anr. V. State of Uttarakhand [2020 SCC OnLine SC 148] The court determined that Articles 16 (4) and 16 (4A) are merely enabling provisions and that the right to promotion is subject to the judgement of the…
Anuradha Bhasin v. UOI [2020 SCC OnLine SC 25] Internet services are protected under Article 19 (1) (g) of the Indian Constitution. However, they are also subjected to the provisions of Article 19 (6). Bench – N.V. Ramana, Subhash Reddy…
Indian Young Lawyers Association v. State of Kerala [2019 11 SCC 1] The Supreme Court ruled that discrimination or segregation which refers to the biological characteristics is considered to be constitutionally invalid because it violated women\’s dignity, freedom, and autonomy…
Common Cause v. UOI [AIR 2018 SC 1665] The Supreme Court ruled that the right to die with dignity is a fundamental right and that persisting treatment against a patient\’s desires violates not only the concept of explicit consent, but…