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…