It is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty. It is equally well settled that suspicion howsoever strong can never take the place of proof. There is indeed a long distance between accused ?may have committed the offence? and … Continue reading There can only be one set of rules and standards when it comes to trials and judgment in criminal cases unless the statute provides for any special application.
In Oil and Natural Gas Corporation Ltd. Versus SAW Pipes Ltd. AIR 2003 SC 2629 : (2003) 3 SCR 691 : (2003) 5 SCC 705 : JT 2003 (4) SC 171 : (2003) 4 SCALE 92 it is held that:- A. (1) The Court can set aside the arbitral award under Section 34(2) of the Act if the … Continue reading When an award can be set aside ?
Under Order 8 Rule 5 (2) of the CPC, if the defendant has not filed a pleading (which is the written statement) the Court can pronounce judgment upon the facts contained in the plaint but, the Court may require such facts to be proved. This would be the case when the defendant appears upon the … Continue reading What happens when the defendant appears in Court upon the service of the of summons and never files his written statement.
Supreme Court of India in Vinay Tyagi vs Irshad Ali @ Deepak & Ors decided on 13 December, 2012 2. The following two important questions of law which are likely to arise more often than not before the courts of competent jurisdiction fall for consideration of this Court in the present appeal : Question No.1 … Continue reading Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?
Supreme Court of India in Gurcharan Singh vs Surjit Singh & Anr decided on 2 November, 2012 The Calcutta High Court has taken a similar view in State of West Bengal v. Manisha Maity (supra) that Order XXII, Rule 4 of the CPC providing for the procedure for substitution of the heirs and legal representatives of … Continue reading Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.
(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal fiction that the “award” of the Lok Adalat is a Decree of a civil court. In the case on hand, the question posed … Continue reading When a criminal case filed under Section 138 of the Negotiable Instruments Act, 1881 referred to by the Magistrate Court to Lok Adalat is settled by the parties and an award is passed recording the settlement, can it be considered as a Decree of a civil court and thus executable? Yes.
The High Court did not even make any reference to him. It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. the conclusions of the courts below are contrary to the evidence on record or its entire approach in … Continue reading When the appellate court should interfere with the order of acquittal
The declaratory relief under Section 34 of Specific Relief Act is purely a discretionary and equitable relief. To claim such equitable and discretionary relief, the plaintiff has to approach the Court with clean hands. The plaintiff himself claimed that he perfected his title by adverse possession that means wrongful possession. When the plaintiff being a … Continue reading “When the plaintiff being a wrong doer is not entitled to claim an equitable relief of declaration of title under Section 34 of Specific Relief Act”-EXPLAIN
In State Bank of India V. Ranjan Chemicals Ltd. & Anr., (2007) 1 SCC 97, the Supreme Court considered the issue of consolidation of suits and observed that the question of joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that … Continue reading Joint trial arises when the rival parties claim independent action, but based on same cause of action; for enforcement of rights or obligations springing out of that cause of action
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 in Ss.200 to 204, Cr.P.C. Magistrate can therefore discharge accused after recording reasons, even at stage when accused appears in response to summons … Continue reading 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.
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.
judex damnatur cum nocens absolvitur [LATIN] Supreme Court in a case of Hardeep Singh vs. State of Punjab, 2014(1) RCR (Criminal) 623 wherein the Constitution Bench has consideration the provisions of Section 319 Cr.P.C and held that Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must … Continue reading Judge is condemned when guilty is acquitted
KEYWORDS: CHEATING – CRIMINAL BREACH OF TRUST – BREACH OF CONTRACT Cheating -Hridaya Ranjan Prasad Verma & ors -vs Stat of Bihar and anr (2000) 4 SCC 168 “It is held time and again that the distinction between mere breach of contract and the offence of cheating is a fine one .It would depend upon the intention … Continue reading When Dispute Is Of Civil Nature, Giving It A Criminal tone Is Abuse Of Process
sub-section (1) of section 154 provides that every information, relating to the commission of a cognizable offence, if given orally to an Officer-in-Charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant and every such information, whether given in writing or reduced to … Continue reading When can a police officer investigate and when can he decline to investigate
24-02-2006 Indochem Electronic and another vs Addl. Collector of Customs Keywords:-Period of warranty-System installed-Sale of Goods-Compensation Where a stipulation in a contract of sale is a warranty, its breach may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated; but, where a … Continue reading when the deficiency began to manifest themselves it was the duty of the suppliers to attend to such deficiencies immediately and if the supplier was unable to attend to the deficiencies and malfunctioning of the system soon after installation, it would amount to “deficiency of service”.
02-02-1998 Supreme Court has no power to enhance sentence in the absence of an appeal by the Government presented specifically for that purpose more so because the Supreme Court has no revisional powers which the High Court and Court of Sessions are conferred with by the present Code. Article 142 should not be made far … Continue reading When exercising appellate jurisdiction under Article 136, the Supreme Court has power to pass any order.
05-10-2004. The probate can be revoked upon any of the grounds mentioned in section 234 of the Indian Succession Act, 1865 (Section 263 of Indian Succession Act, 1925). In the said judgment, it has been observed that in cases where the probate has been given in the common form, and not in the solemn form, … Continue reading Crystal Developers Vs Smt. Asha Lata Ghosh (Dead) (Through L.Rs.)-when the probate issued in the common form is revoked under section 263 the revocation operates prospectively
Tagline: Even when there is a settlement, the view of the offender and victim will not prevail since it is in the interest of society that the offender should be punished to deter others from committing a similar crime. For that matter the offence that has the potentiality to create a dent in the financial health of the institutions, … Continue reading Despite settlement quashing of FIR when to be declined
Law Library- In the following cases writ has been issued by the High Court CBI Inquiry BHABEN HANDIQUE & 2 ORS VS THE STATE OF ASSAM AND 6 ORS(GHC)1.9.2017
Supreme court in State of Rajasthan Versus Shera Ram @ Vishnu Dutta (2011) 13 SCALE 140 There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the PRESUMPTION of innocence of the accused is further … Continue reading Where the prosecution evidence points to the guilt of the accused and the judgment is on the face of it perverse, appeal court may interfere with an order of acquittal
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]
The penal laws in India are primarily based upon certain fundamental procedural values, which are right to fair trial and PRESUMPTION of innocence. A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such PRESUMPTION which could be interfered … Continue reading A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such presumption
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.
AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but in what way is this control exercisable by the legislature? (SUPREME COURT OF INDIA) U. N. R. Rao Appellant Versus Smt. indira Gandhi … Continue reading U. N. R. Rao Vs Smt. Indira Gandhi [ALL SC 1971 MARCH]
The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content. … Continue reading What is the meaning of “Office”