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Sikkim Judicial Academy

Sikkim Judicial Academy

Important Judgments

Name of the Judgment File
Unless there is a specific legislative provision which puts a negative burden on the accused, there is no burden on the accused to lead evidence for proving his innocence: Hon'ble Supreme Court of India Pankaj Singh versus The State of Haryana (Criminal Appeal No. 1753/2023)
The Art of Writing a Judgment View
Prohibition contemplated under Section 362 of CrPC, 1973 would not apply to bail orders: Hon'ble Supreme Court of India Ramadhar Sahu versus The State of Madhya Pradesh (Criminal Appeal No(s) Arising From 11130 of 2023)
Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Hon'ble Supreme Court of India Yamini Manohar versus T K D Keerthi (Special Leave Petition (Civil) Diary No. 32275 of 2023)
NDPS Act | If Samples Are Drawn Violating Section 52A, Trial Stands Vitiated: Hon'ble Supreme Court of India Yusuf @ Asif versus State (Criminal Appeal No. 3191 of 2023)
Certified Copy Can Be Produced To Prove Original Sale Deed In Trial : Hon'ble Supreme Court of India Appaiya vs Andimuthu@ Thangapandi & Ors. (Civil Appeal No. 14630 of 2015)
In Partition Suit, Every Interested Party Deemed To Be A Plaintiff; No Bar In Passing Numerous Preliminary Decrees: Hon'ble Supreme Court of India A. KRISHNA SHENOY versus GANGA DEVI G. & ORS (Petition(s) for Special Leave to Appeal (C) No(s). 8080/2019)
Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal: Hon'ble Supreme Court of India A Valliammai versus K. P. Murali & Others (Civil Appeal No. 5342 of 2023)
Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them: Hon'ble Supreme Court of India Munna Pandey vs State of Bihar (Criminal Appeal Nos. 1271-1272 of 2018)
Section 202(1) CrPC Procedure Mandatory When One Of Accused Is A Resident Of A Place Outside Magistrate's Jurisdiction: Hon'ble Supreme Court of India Odi Jerang vs Nabajyoti Baruah & Ors (Petition for Special Leave to Appeal (Crl.) Nos. 2135/2022