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The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.
“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”
To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.
In a significant decision, a 3-Judge Bench of the Supreme Court explored the contours of Article 32 of the Constitution to answer whether death sentence which has attained finality, can be revisited at all?
“This Court is repeatedly confronted with similar matters wherein proceedings are kept pending in the High Court for more than three months, in some cases for more than six months or years wherein judgments are not delivered after hearing the matter.”
The Court stated that though the appellant was illiterate, he was not irrational, as he had a plan in mind which he executed, thereby achieving his goal.
The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.
“One would think that in this day and age, where great strides have been made in realizing the constitutional goal of equality, this Court would not need to intervene for equality between the successors of a common ancestor and the same should be a given, irrespective of their biological differences, but it is not so”.
The case involved commission of serious offences which led to the sentence of death penalty. However, the Supreme Court took strict note of the faulty investigation and faulty treatment of the DNA evidence that rendered the samples useless.
The right to close down a business is an essential part of the fundamental right to carry on any occupation, trade or business under Article 19(1)(g) of the Constitution.
The Union Internationale des Avocats (‘UIA’) has organized a two- day seminar on the theme ‘India Ahead: Exploring legal, regulatory and geopolitical updates impacting FDI in the world’s fastest growing economy’. The seminar will be held at the Delhi International Arbitration Centre (‘DIAC’), Delhi High Court, on 29th and 30th March, 2025.
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”
The assessee’s case was that whether he had filed a belated return of income, after the expiry of the due date or not, was immaterial and the point in time when the offence under Section 276CC is committed is the date immediately following the due date for furnishing the return of income as prescribed under Section 139(1) of the Act.
The Court noted that neither the owner of the vehicle nor the driver was arrayed as an accused, and only third-party occupant was arrayed as an accused; and the police after investigation found no trace that the owner allowed his vehicle to transport contraband drugs/ substances with his knowledge or connivance.
“For mens rea to be established, something better than vague statements must be produced before the Court.”
“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”
“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”
“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”