Oct 13, 2008

Supreme Court judgment

1) Limitation Act 1963 : Mere Long possesion, it is trite. for a period of 12 years without anything more doesnot ripen into a title. CGLJ Vol. 18 Aug. 2008 SC 418
2) Or. 14 R. 1 of CPC : Non framing of issue - ommission to frame an issue - wouldnot vitiate the trial in a suit when parties went to trial fully knowing the rival case and led evidence - (2008) 2 CGLJ DB SC 104
3) Succession Act 1925 - S 63 (C)- WILL - Mode of Proving : Mere proving of signatures of executors and the attesting witnesses, held, not sufficient - unlike an ordinary document it must fullfil the condition impose by section 63 (C) of the succession act and S 68 of the evidence act. 1872 (2008) 7 SCC 695
4) Arbitration & Conciliation Act 1996 S 7: Section 7 doesnot require that the aggrement be stamped or that parties sign on every page (Para 65,66) 2008 (6) Supreme Today Part 133 Supreme 230 (decided on 25.08.2008)
5) Right to hold property although no longer a fundamental right, is still a constitutional right. It is a human right. 2008 (3) Crimes 122 SC
6) Examination of Accused : Recording of the statement of the accused under section 313 CRPC is not a purposeless exercise as it establishes a direct dialogue between court and accused. Each material circumstances appearing in evidence against the accussed is required to be put to him specifically, distinctly and seperately and failure to do so amounts to a serious irregularity vitiating trial, if it shows that accussed was prejudiced. 2008 (3) Crimes 112 SC
7) Dying declaration should be of such nature as to inspire full confidence of the court in its correctness. The court has to be on guard that the statement of the deceased was not as a result of either tutoring or promting or a product of imagination. 2008 (6) Supreme 298 Supreme Today Part 135
8) Criminal Trial : Identification- Utility of sniffer dog - Identification by Sniffer dog, held, is only for the purpose of investigation and not for evidence. 2008 (5) Supreme Court Cases 697

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