In reversing an acquittal, this Court keeps in mind that
presumption of innocence in favour of the accused is fortified
by an order of acquittal and if the view of the High Court is
reasonable and founded on materials on record, this Court
should not interfere. However, if this Court is of the opinion
that the acquittal is not based on a reasonable view, then it
may review the entire material and there will be no limitation
on this Court’s jurisdiction under Article 136 to come to a just
decision quashing the acquittal.
Day: July 8, 2019
Central Bureau of Investigation, Hyderabad v. K. Narayana Rao, (2012) 9 SCC 512, in which Supreme Court opined thus: “24. The ingredients of the offence of criminal conspiracy are that there should be an agreement between the persons who are alleged to conspire and the said agreement should be for doing of an illegal act or for doing, by illegal means, an act which by itself may not be illegal. In other words, the essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both and in a matter of common experience that direct evidence to prove conspiracy is rarely available. Accordingly, the circumstances proved before and after the occurrence have to be considered...
Section 34 of Arbitration and Conciliation Act -A Court whilst hearing an application under Section 34, requires to show more judicial restraint than in the process of an Appellate jurisdiction. An arbitration is an alternate dispute resolution where parties...
NEGOTIABLE INSTRUMENTS ACT, 1881 – Section 138 – Agreement for
sale – Cheques issued by the purchaser pursuant to the agreement for
sale was not honoured due to insufficient fund – Complaint filed for
dishonour of cheques – Accused moved High Court...
Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate...
CIVIL SUIT-The limitation for filing a suit for possession on the basis of title is 12 years . Merely because one of the reliefs sought is of declaration that will not mean that the outer limitation of 12 years...
M/s. Adani Power (Mundra) Ltd. Vs. Gujarat Electricity Regulatory Commission and Ors-02/07/19
50 min read
A contract is interpreted according to its purpose. The purpose of a contract is the interests, objectives, values, policy that the contract is designed to actualise. It comprises the joint intent of the parties. Every such contract expresses the...
M/s. Star Wire (India) Vidyut Pvt. Ltd. & ANR. Vs. Haryana Electricity Regulatory Commission-02/07/19
15 min read
Electricity Act, 2003 & Renewable Energy Sources, Renewable Purchase Obligation and Renewable Energy Certificate) Regulations, 2010
Summary General Court Martial-In service matters the past conduct, both positive and negative will be relevant not only while referring to the misconduct but also in deciding the proportionality of the punishment, the Court should be cautious while considering...
Reckitt Benckiser India Pvt. Ltd. Vs. Reynders Label Printing India Pvt. Ltd. and ANR-01/07/19
23 min read
Sections 11(5), 11(9) and 11(12)(a) of the Arbitration and Conciliation Act, 1996-Domestic commercial arbitration-That agreement is only between the applicant and respondent No.1 and as a result thereof, it would give rise to a domestic commercial arbitration and not...
Criminal-Unlawful Activities (Prevention) Act 1967-The special Judge in his order has neither referred to Section 309 nor Section 167 under which accused was remanded. When the Court has power to pass a particular order, non-mention of provision of law...
10.001.01 अग्रे बृहन्नुषसामूर्ध्वो अस्थान्निर्जगन्वान्तमसो ज्योतिषागात् ।[First Mantram]
10.191.04 समानी व आकूतिः समाना हृदयानि वः ।[Last Mantram]
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