Acquittal

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

The Supreme Court quashed a cryptic Ministry of Home Affairs order denying premature release to a petitioner who had served 2 years in prison. Invoking **Platonic philosophy**, the Court ruled…

death sentence
3 judge bench

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

test identification parade
BNS

Appellant made total denial in his s.313 Cr.P.C statement which is contrary to he fact that he has been admitted in care hospital and no explanation to this denial lead to possession of poision

156
Acquittal

No Second Section 156(3) CrPC Petition After Closure of Preliminary Inquiry remedy lies only under section 200 CrPC

Investigation
Acquittal

Faulty investigation: Though the police officer reached the spot immediately based on the telephone information but did not follow the investigation procedures resulting in prosecution of 16 persons

dying declarations
Acquittal

Though there are variations in the two dying declarations the second dying declaration is found more believable and witnesses did not state many facts in their 161 statements

bail
Acquittal

Court must balance State’s interest and accused’s fundamental right to liberty and should not reject the A.B based on mere A.G or P.P’s statement on offence

complaint and bail
Ad. Ramprakash Rajagopal

Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

complaint bail
Acquittal

Complaint case: Police cannot arrest in complaint cases without an order of arrest u/s 87 Cr.P.C from the court

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suspension
Acquittal

Since a previous bench suspended the sentence in another case that arose out of the same crime number the present bench suspended the next one

suicide
Acquittal

Quash: To frame charge under section 306 IPC court must check for the part of the accused in causing the suicide carefully since the main person is not available for cross-examination

caste
Acquittal

If a member of S.C/S.T converts to Christianity he is no longer SC/ST since Christianity does not recognise a hierarchical caste-based system

minor offence
Acquittal

Section 364 IPC and section 302 IPC by no stretch of imagination can be construed as similar offences hence High Court is correct in reversing the conviction of section 364 though charged for section 302 IPC

appeal against acquittal
3 judge bench

Who can prefer the appeal against acquittal in the case initially registered by state police later transferred to CBI investigation is left open to decide in a suitable case

The Supreme Court has ruled on appeals against the acquittal of Amit Aishwarya Jogi, who was tried for a 2003 murder conspiracy. The Court dismissed the State of Chhattisgarh's appeal,…

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

ndps
Acquittal

NDPS Act: Accused statement under section 67 NDPS was relied by the Trial and High Courts but inadmissible in evidence

Legal Drafting - 2
General

Legal Drafting -2: Defining Legal Drafting (A short overview)

Legal Drafting-1
General

Legal Drafting-1: The Grammar Toolbox: How to Use ‘Would,’ ‘Should,’ and ‘Could’ Correctly

POCSO
Articles

POCSO, Preliminary Enquiry and Adolescent Complaints (14–18 Years): The Case for Structured Post-FIR Preliminary Enquiry and Victim-Centric Preliminary Assessment for Truth, Fair Investigation and Child Protection

uapa
Ad. Azhar Basha

The Architecture of Institutional Incarceration: A Mixed Doctrinal and Empirical Analysis of UAPA Enforcement Patterns and Bail Jurisprudence

eye-witness
BNS

Murder case: The eyewitness testimony is trusted more than the doctor’s testimony because eye-witness survived cross-examination

hostile
Corruption Laws

Hostile witness: Trustworthy portions of complainant cannot be eschewed even though he affirmed every suggestion made by the defence

maintenance
BNSS

Maintenance of wife is the Legal Priority over husband’s financial Commitments

limitation
BNSS

Limitation: Section 468 Cr.P.C applies for both cases instituted upon a complaint or by a police report what matters is the date of initiation of criminal proceedings

security cheque
BNSS

Security Cheque: If the signature is not in dispute then the court cannot set aside the summoning order

charge framing
BNSS

If accused understood the nature of allegations and defended themselves then the omission to sign the charge is not fatal

cheating
Acquittal

High Court can quash cheating charges if there was no dishonest intention of false promise while making it and since the making of movie is not false as issuing post-dated cheques is not a false promise

section 319 Crpc
BNSS

Trial court cannot appreciate inconsistencies in witness testimonies while summoning additional accused under section 319 Cr.P.C

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