rcs notice
Ad. Rajavel

RCS notice and Rule 26 of The Tamilnadu Criminal Rules of Practice., 2019

This research paper pertains to the procedural requirements of Rule 26 of the Criminal Rules of Practice 2019 (Tamil Nadu) regarding the re-shaping of Judicial Means. The paper examines the…

appeal
General

Joint appeal: ‘an appeal’ followed by ‘the appeal’ are same within the meaning of the sections 392, 374 and 378 Cr.P.C as if ‘any proceeding” followed by ‘the proceeding’ in Section 397 Cr.P.C thereof [Referred to Larger Bench]

cognizance
Acquittal

Section 223(1) BNSS: Though the complaint was filed earlier cognizance was taken after BNSS came into force and appellant not heard before cognizance is an illegality would vitiate the proceedings

ndps return of property
Acquittal

NDPS: Confiscation: Sections 36-C and 51 NDPS do not deny the use of sections 451 (s.497 BNSS) and 457 (503 BNSS) and section 60 does not deny interim custody to bona fide owner

suspension of sentence
Acquittal

Suspension of Sentence: Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

prolonged investigation
Cr.P.C

Despite investigation records being untraceable and yet the investigation kept pending for two decades is nothing but delayed and denied justice

guidelines
General

Guidelines to remedy the persistent delay in the pronouncement of reserved judgments by High Courts

quash
Acquittal

Quash: When the amount was fully settled by way of compromise before DRT lodging a complaint before CBI for fraud and forgery is an abuse of process of law

ndps bail
BNSS

Bail order set aside: Twin conditions laid down under section 37 NDPS Act should be considered in commercial quantity cases

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11 lakh
Acquittal

Rs.11 Lakh compensation: The respondent-state challenging the permanent parole granted by the single High Court while having appellant in its illegal custody is against the ‘obey first appeal later’ rule and Article 21

304AIP
Acquittal

Section 304A IPC: Acquittal: Driver acted by following conductor’s instructions and moved the bus cannot be said to be reckless

murder case acquittal
Acquittal

Murder Case: Acquittal: Prosecution failed to establish beyond reasonable doubt that the recovery of dead body and failure to do Test Identification Parade of articles

cheating
Acquittal

No Cheating: It is not alleged that signatures appearing on the Power of Attorney were forged or fabricated and that the executants were impersonated hence disputed claim over the property title is not creating false document

identification
3 judge bench

Identity of the accused disclosed by the witnesses (PW.8 & 9) after the arrest of the accused through belated and improved testimonies damaging prosecution’s case

The Supreme Court fully acquitted the appellant overturning his lower court convictions. The three-judge bench ruled that the prosecution failed to prove guilt beyond a reasonable doubt, citing critical flaws…

april'26
Digest

What’s New In April’26

section 319
Acquittal

Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination

dowry death
Acquittal

Dowry death: Demand is for celebrating birth of male child and not for marriage further difference between admissibility and acceptability/reliability is explained

Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her
Acquittal

Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her

complaint and bail
Ad. Ramprakash Rajagopal

Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

election
Ad. Azhar Basha

Constitutional Limits of the Election Commission of India: An Exhaustive Analysis of Article 324 and the Power to Transfer State Officials

drafting
Latest

Legal Drafting – 3: Court Drafting Laws and Technical Elements

N.I Act Digest
Digest

Cheque Dishonour Cases Digest 2023-2025

approver
Evidence

Approver: Since direct evidence has come through the approver (PW.1) who is creditworthy and the circumstantial evidence also corroborated him led to conviction

ibc
General

Moratorium Protections (IBC) in Section 138 Proceedings referred to Larger Bench

legal aid
Acquittal

After appointing the amicus Curiae he must given a reasonable time to prepare and to meet the accused to get instructions

106 iea
BSA

Section 106 IEA: Appellant did not provide satisfactory explanation either for injury marks found on the deceased wife though this fact was within the special knowledge of the accused

Acquittal

A cryptic order rejecting the prolonged incarceration (22 years) for premature release is quashed [Supreme Court quoted Plato’s advice]

pocso
Acquittal

Acquittal: POCSO: Not conducting a potency test on the accused along with the negative DNA report and lack of eyewitness to the incident creates suspicion about the prosecution’s case

common intention
Acquittal

Section 34 IPC: Evidence on record falls short of establishing either a prior meeting of minds hence mere presence is insufficient to convict the accused with the aid of Section 34 IPC

death sentence
3 judge bench

Death Penalty: Supreme Court direct the High Court and States to render skilled and adequate resourced legal representation

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