2024 SCC Vol. 3 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 5: Principles summarised re scope of interference by Court under S. 34. Supervisory,
appeal against acquittal
Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach
Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.
Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court
“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”
High Court, being First Appellate Court, cannot acquit an accused without re-appreciation of evidence: Supreme Court
“Non-re-appreciation of the evidence on record may affect the case of either the prosecution or even the accused.”
Aarushi-Hemraj Murder: CBI moves Supreme Court against acquittal of Rajesh and Nupur Talwar
The Central Bureau of Investigation (CBI) has moved to the Supreme Court against the Allahabad High Court verdict acquitting Rajesh and Nupur