Article title card reading "Judicial Transfers in MP MLA Courts: Why the Ashwini Kumar Upadhyay Safeguards Matter?" with a small author portrait.
Ad. Lavanya Thirumalai

Judicial Transfers in MP MLA Courts: Why the Ashwini Kumar Upadhyay Safeguards Matter?

Authored by Lavanya Thirumalai, Advocate B.E, M.L. The author is a practicing Advocate before the courts in Puducherry and Tamil Nadu. The views expressed are strictly personal. The factual references…

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Surrogacy Act: Magistrates Cannot Reassess Eligibility Certificates; Age Limit of “50 Years” Includes the Entire 50th Year: Madras High Court

oral arguments
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Oral Hearing Is Non-Negotiable: Non-Cooperation by Defence Counsel Requires Amicus Appointment, Not Ex-Parte Verdict

dowry
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Dowry death: Reversal of Acquittal with direction

acquittal
Acquittal

Section 306 IPC: Acquittal: some disputes or discord in matrimonial life would not itself attract the provisions of Sections 306 r/w 107 IPC

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BNS

Sentencing: Fine: Forcing the Accused To Pay Duplicate Fines For the Same Sentence Would Be Amount To Double Punishment

domestic violence
Acquittal

Supreme Court again discouraging DV Act proceedings after a valid divorce compromise

child witness
Acquittal

Corroboration of testimony of child witness before a conviction is required

demand
Acquittal

Discrepancy in the use of the complainant’s fingers (two or five) to pick up the demanded money from his pocket has some bearing while considering the entire evidence

denovo trial
3 judge bench

Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubts

This judgment adjudicates a batch of criminal appeals stemming from a devastating bomb explosion on a public transport bus in 1996, which resulted in fourteen fatalities and numerous injuries. The…

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BNSS

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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

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Important Citations (Criminal Branch): Vol.1 – For Effective Administration of Justice

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Ad. Azhar Basha

Now You Can File Quash Application In Domestic Violence Cases: Hon’ble Supreme Court Settled The Issue

mob violence
Ad. James Raja

An Incomplete Legislative Response to Mob Violence; Restricting Criminalization to Cases Resulting in Death and Negating the Requirement of Mens Rea

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A Study On Secondary Evidence (notes)

loan
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Real estate is not an illegal business and the Indian Bank which kept the money sold in auction was not disbursed to the legal heirs is illegal

General

SC Shields Husband from Baseless DV Case; Dissolves Dead Marriage Citing Irretrievable Breakdown

BNSS

Section 156(3) CrPC: Mere existence of a civil remedy does not by itself bar criminal proceedings If Allegations prima-facie disclose a cognizable offence

Evidence

Prosecution has proved the case through hostile witness

General

The facts of the present case can be brought under exception I of Section 300 of IPC and thus is punishable u/s. 304(I) of IPC and not u/s. 302 of IPC

nbw
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Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]

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POCSO: Victim’s testimony before the Court is clear and cogent and almost the same as per the statement recorded u/s. 164 Cr.P.C and there has been no exaggeration or any inconsistency

156
BNSS

Rejecting the petition filed under section 156(3) CrPC does not prevent the police to register FIR inasmuch the poser of registering FIR flows from section 154 CrPC

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