Supreme Court also sought assistance from Attorney General for India, R. Venkataramani.
The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
Supreme Court wondered “how a Civil Writ Petition for clubbing First Information Reports could be entertained”.
Chandigarh Estate Rules, 2007 — R. 16 and second proviso thereto: Fragmentation/division/bifurcation/apartmentalisation of residential units in Phase I of Chandigarh is not
Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act
As on date, there are no rules prescribed by the State Government which provide a particular method of communicating the complainants/informants as per Section 173(2)(ii) CrPC to ensure uniformity, transparency and effective implementation of the provision, in its letter and spirit.
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
Supreme Court clarified that if the accused and his advocate are non- conversant with the language, the question of providing translation may arise because the accused must get a fair opportunity to defend himself by understanding the material against him in the charge sheet.
Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.
Arbitration and Conciliation Act, 1996 — S. 31(7)(a) — Award of interest: Principles clarified relating to validity of award of interest, when
The power of the High Court under Section 482 of the Criminal Procedure Code is of the widest amplitude, which can be exercised to secure ends of justice, unless barred by specific provision or by implication. Such power can be exercised to prevent unwanted harassment caused to a respondent with the application of rigour of the Criminal Procedure Code.
Concept of Justice in Society: The author delves into the concepts of “law” and “justice” in this article. [Engaging in the Concept
The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.
Bombay High Court perused details of all 41 cases and noted that the petitioner was apparently arrested in one case and came to be arrested in other cases on transfer warrant, pleaded guilty in all 41 cases.
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
by Ajay Bhargava† and Trishala Trivedi††
Cite as: 2023 SCC OnLine Blog Exp 59
Kerala High Court directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized.
Administrative Law — Natural Justice — Generally — Nature, Scope and Applicability: Meaning and Constituents of principles of natural justice in general,