No conviction based on ‘last seen together’ theory when possibility of suicidal death not ruled out; SC sets man free in a 28-year-old honour killing case
“The suspicion howsoever strong cannot take place of proof.”
criminal law
Snippets from Panel Discussion & Book Launch of Prof BB Pande’s Criminal Law and Criminal Justice
The spirit of Rule of Law is that the law must prevail and not the power centers.” – Prof. B.B. Pande Eastern
Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society
Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously
Whether unavailability of ‘self-induced intoxication’ as a defence in cases of assault, withstands the challenge of constitutionality? SC of Canada answers
Supreme Court of Canada: The instant matter revolved around a challenge to the constitutionality of Section 33.1 of the Criminal Code which
Release of Prof BB Pande’s Book on Criminal Law and Criminal Justice followed by Panel Discussion
Eastern Book Company is happy to announce the release of Criminal Law and Criminal Justice: Advanced Legal Writings by Prof BB Pande.
Whether discrepancies in school records on the basis of which DoB was recorded for admission in matriculation will discredit matriculation certificate for proving juvenility? SC decides
Supreme Court: Upholding the concurrent findings of High Court as well as Sessions Court and Juvenile Justice Board, the Division Bench comprising
Explained| Can proceedings against a charge-sheeted accused be quashed if other suspects have not been charge-sheeted?
Supreme Court: The bench of MR Shah and BV Nagarathna, JJ has held that merely because some of the persons who might
Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC
Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ
‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough
“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”
SCC Snippets| Five golden principles governing cases based only on circumstantial evidence
In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, the bench of S. Murtaza Fazal Ali, A. Varadarajan and Sabyasachi
Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing
Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
Explained| Is Preliminary Enquiry mandatory in all corruption cases?
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is
Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC
‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.
Explained| Can Chairman, Directors, Managers, etc. be automatically summoned in a criminal case involving the company?
Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course.
Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant: Supreme Court
Supreme Court: In a case where a man was allegedly murdered by his wife and colleague, the bench of Dr. DY Chandrachud*
Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court
In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.
Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings
The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.
More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.
“The power cannot be exercised in a casual and cavalier manner.”
Imprisonment for life is equivalent to rigorous imprisonment for life: Supreme Court
Supreme Court: In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was