State of Uttar Pradesh & Anr. v. Jagdish Sharan Agrawal & Ors., (2009) 1 SCC 689 Advertisements
Question of locus standi not having been raised before the High Court did not survive it amounted to an abandonment of the issue and cannot be raised before the Supreme Court
Constructive Res Judicata In Tata Industries Ltd. v. Grasim Industries Ltd. (2008) 10 SCC 187. The case deals with jurisdiction to appoint the arbitrator u/s 11(6) of Arbitration and Conciliation Act, 1996. Supreme Court […]
GENERAL In Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54, The Supreme Court laid down 3 exceptions to the rule of Res Judicata (i) When judgment is passed without jurisdiction […]
UNION OF INDIA Union of India, represented by Secretary to the Ministry of Electronics & Information Technology, Govt. of India Group Co-ordinator, Cyber Law Division, Department of Information Technology, Ministry of Electronics […]
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 Chapter V- Procedure for reporting of cases Sec 23. Procedure for media- No person shall make any report or present comments on any child from […]
In Motor Vehicle Accident involving death no release of uninsured vehicle without obtaining security
Cr.P.C. S.457 : Where there is no insurance cover for a vehicle, the owner should be directed to offer security or deposit an amount, adequate to satisfy the award that may be ultimately […]
In case of post conviction bail under Section 389, Cr.P.C, it is mandatory that appellate Court gives an opportunity to public prosecutor for showing cause in writing against such release.
Cr.P.C. S.389: Suspension of sentence and release on bail. Appellate Court may even without hearing public prosecutor, decline to grant bail. However, in case appellate Court is inclined to consider release of […]
Just compensation to the victim has to be fixed having regard to medical and other expenses, pain and suffering, loss of earning and other relevant factors.
Cr.P.C. S.357 & 357A: At times, evidence is not available in this regard. Some guess work in such a situation is inevitable. While punishment to accused is one aspect, determination of just […]
KEYWORDS:- REVIEW PETITION – DEATH CONVICT- DATE:-2 September, 2014 A review petition filed by a convict whose death penalty is affirmed by this Court is required to be heard in open Court […]
whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.
Cr.P.C. S.311: Lacuna Means inherent weakness or a latent wedge: After the defence and prosecution closed their evidence, the prosecution applied to resummon two of it’s already exmined witnessess, for proving it’s certain documents. […]
In some states a system is evolved for framing a schedule of consecutive working days for examination of witnesses in each sessions trial to be followed. Such schedule is fixed by the […]
Magistrate is bound to discharge an accused in summons trial as per section 239 of Cr.P.C if the offence is not disclosed.
Cr.P.C. S.251: It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued Under Section 204 of the Code in a summons […]
Magistrate can discharge accused after recording reasons, even at stage when accused appears in response to summons or warrant but no prosecution evidence has been led.
Cr.P.C. S.245(2): “Discharge at any previous stage of the case” occuring in S.245(2) is before the prosecution’s evidence under S.244(1) is completed, or at any stage prior to that, namely, the stages prescribed […]
A Magistrate’s jurisdiction is limited to his territorial jurisdiction, he cannot permit investigation in a case he is not competent to try.
Cr.P.C. S.179: Magistrate’s Jurisdiction: A Magistrate does not exercise jurisdiction throughout the length and breadth of India for purposes of Code of Criminal Procedure or of Prevention of Corruption Act. The Code […]
No vested right is granted to a complainant or informant or aggrieved party to directly conduct a prosecution.
Cr.P.C. S.167: Private Counsel in State Case? No vested right is granted to a complainant or informant or aggrieved party to directly conduct a prosecution. So far as the Magistrate is concerned, cmoparative […]
An order for release on bail under proviso (a) to Section 167(2) may appropriately be termed as an order-on-default.
Cr.P.C. S.167(2) Proper Order: Indeed, it is a release on bail on the default of the prosecution in filing charge-sheet within the prescribed period. The right to bail under Section 167(2) proviso […]
Cr.P.C. S.167 Magistrate has to look into facts before granting remand: The act of directing remand of an accused is fundamentally a judicial function. The Magistrate does not act in executive capacity while […]
Cr.P.C. S.156(3): Magistrate can direct registration of F.I.R., recommend to the SSP/SP to change the I.O. if necessary
In view of the aforesaid broad consensus amongst the counsel for the various parties, it is not necessary for us to go deeper into the relevant issue of law as to whether […]