It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.

Section 313 Code No matter how weak or scanty the prosecution evidence is in regard to certain incriminating material, it is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him. Section 313 Code of Criminal Procedure is based on the fundamental principle of … Continue reading It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.

whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

In AG Vs. Shiv Kumar Yadav & ANR.[Criminal Appeal Nos.1187-1188 of 2015 arising out of SLP (CRL) Nos.1899-1900 of 2015] Following observations have been made by the Supreme court : fairness of trial has to be seen not only from the point of view of the accused, but also from the point of view of the … Continue reading whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

Power to summon material witness, or examine person under section 311 of Cr.P.C

311. Power to summon material witness, or examine person present Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court … Continue reading Power to summon material witness, or examine person under section 311 of Cr.P.C

State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]

It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.

SUPREME COURT OF INDIA State of Gujarat Vs. Navinbhai Chandrakant Joshi Etc. [ ALL SC 2018 JULY] [Criminal Appeal Nos.895-896 of 2018 arising out of SLP (CRL.) Nos.8259-60 of 2016] The burden of proof placed upon the accused person against whom the presumption is made under Section 20 of the Act is not akin to … Continue reading It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.

If there was a general reference and not a specific reference on any question of law then the award can be set aside if it is demonstrated to be erroneous on the face of it.

If the award is erroneous on the basis of record with regard to proposition of law or its application, the Court will have jurisdiction to interfere with the same. Dealing with the similar question, this Court in M/s. Alopi Parshad and Sons Ltd. vs. The Union of India, (1960) 2 SCR 793 observed that the … Continue reading If there was a general reference and not a specific reference on any question of law then the award can be set aside if it is demonstrated to be erroneous on the face of it.

Constitution of the Kingdom of the Netherlands of August 24, 1815

The Netherlands is a hereditary constitutional monarchy, with a parliamentary form of government based on the principles of ministerial responsibility, with the Monarch as the Head of State. The Kingdom of the Netherlands dates from 1814. The Constitution of the Netherlands (hereinafter “NC”) was adopted in 1814 and was last amended on 7 July 2002. … Continue reading Constitution of the Kingdom of the Netherlands of August 24, 1815

Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. Rev. P.M.A. Metropolitan and others Appellant Versus Moran Mar marthoma and another Respondent (Before: R. M. Sahai, B. P. Jeevan Reddy And S. … Continue reading Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

AIR 1980 SC 271 : (1980) 1 SCR 804 : (1980) 2 SCC 410 (SUPREME COURT OF INDIA) D. G. Gouse and Co. (Agents) Pvt. Ltd. Appellant Versus State of Kerala and another Respondent AND S. K. Subramanian Appellant Versus State of Kerala and others Respondent AND The Customs Clearing Agents’ Association Appellant Versus State … Continue reading D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

KEYWORDS:- RES JUDICATA AIR 1996 SC 987 : (1996) 1 SCR 322 : (1996) 2 SCC 520 : JT 1996 (1) SC 277 : (1996) 1 SCALE 253(2) (SUPREME COURT OF INDIA) CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council Respondent (Before: S. C. Agrawal And B. P. Jeevan Reddy, JJ.) Civil … Continue reading CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

It was pointed out that during investigation, even the Magistrate cannot direct the accused to give his specimen signature on the asking of the police and only in the amendment of the Code of Criminal Procedure in 2005, power has been given to the Magistrate to direct any person including the accused to give his … Continue reading Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both … Continue reading State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

If the case is supported by other materials, identification of the accused in the dock for the first time would be permissible

It is well settled principle that in the absence of any independent corroboration like TIP held by judicial Magistrate, the evidence of eye-witnesses as to the identification of the Appellants/accused for the first time before the trial Court generally cannot be accepted. As explained in Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC … Continue reading If the case is supported by other materials, identification of the accused in the dock for the first time would be permissible

The manager of Joint hindu family is competent to alienate joint family property if it is clearly beneficial to the estate even though there is no legal necessity justifying the transaction.

AIR 1964 SC 1385 : (1964) 6 SCR 321 (SUPREME COURT OF INDIA) Balmukand Appellant Versus Kamla Wati and others Respondent (Before : K. Subba Rao And J. R. Mudholkar, JJ.) Civil Appeal No. 7 of 1962,Decided on : 27-01-1964. hindu Law—Joint family property—Benefit of family—Determination of—Sale of joint family property without any difficulty in … Continue reading The manager of Joint hindu family is competent to alienate joint family property if it is clearly beneficial to the estate even though there is no legal necessity justifying the transaction.

The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

The Constitution of the Islamic Republic of Iran replaced the monarchical constitution of 1906 Contents PREAMBLE Introduction to the Constitution The Dawn of the Movement Islamic Government The Wrath of the People The Price the Nation Paid The Form of Government in Islam The Economy is a Means, Not an End Woman in the Constitution … Continue reading The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

Rational refutation of Christian doctrine by Swami Dayananda Swaraswati

AN EXAMINATION OF THE DOCTRINES OF CHRISTIANITY. INTRODUCTION The Christian religion is not the only one that is based on the Bible, there are others as well, such as the Jewish religion. The reason, why we have only discussed Christianity (and omitted Judaism, etc.) in the thirteenth Chapter is that now-a-days it takes the first … Continue reading Rational refutation of Christian doctrine by Swami Dayananda Swaraswati

Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.

AIR 1973 SC 947 : (1973) 2 SCR 541 : (1973) 1 SCC 20 : (1973) CriLJ SC 370 (SUPREME COURT OF INDIA) Jagmohan Singh Appellant Versus State of U.P. Respondent (Before : S. M. Sikri, C.J.I., A. N. Ray, I. D. Dua, D. G. Palekar And M. H. Beg, JJ.) Criminal Appeal No. 173 … Continue reading Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.

Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

KEYWORDS: Dying declaration- AIR 1993 SCW 1321 : (1993) CriLJ SC 1635 : JT 1993 (2) SC 559 : (1993) 2 SCALE 214 : (1993) 2 SCC 684 : (1993) 2 SCR 666 (SUPREME COURT OF INDIA) Kundula Bala Subrahmanyam and another Appellant Versus State of ANDHRA PRADESH Respondent (Before : Dr. A. S. Anand … Continue reading Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

Ex-parte order u/s 23 of the Hindu Marriage Act-duty of the court

Section 23 of the Hindu Marriage Act mandates the Court before granting decree for Divorce, whether defended or not to satisfy itself (1) if the grounds for claiming relief exist and the petitioner is not taking advantage of his or her own wrong or disability for the purpose of such relief, and (2) the petitioner … Continue reading Ex-parte order u/s 23 of the Hindu Marriage Act-duty of the court

Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.

It is of course a settled legal proposition that in a case where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed. In Medchl Chemicals & Pharma Ltd. v. Biological E. Ltd. and Ors. AIR 2000 SC 1869 this Court observed that a criminal complaint … Continue reading Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.