Ramprakash Rajagopal

773 Articles
cognizance
Acquittal

Application of mind during taking cognizance means to contemplate on the material submitted and not checking veracity of the same

cruelty by relatives
Acquittal

Deprecated practice involving the relatives of husband for offence under section 498A IPC and section 4 of Dowry Prohibition Act, 1961

dying declaration
Acquittal

“She told us everything” is not dying declaration instead witness must depose what exactly deceased told him/her

poa personal knowledge
General

N.I Act: Knowledge of Power of Attorney of an individual payee must be specifically stated and in the case of company being a payee the authorised person who has knowledge would be sufficient

hostile
Corruption Laws

Part departure in chief-examination is not necessary to declare the entire witness as hostile

preliminary enquiry
Cr.P.C

Preliminary Enquiry: There is no provision for a preliminary enquiry under Section 13 or Section 17 of the PC Act only Lalita Kumari case headed it

summons
BNSS

Section 204 Cr.P.C: No need to issue summons first; the accused’s attendance can best be secured at the court’s discretion by issuing a bailable or non-bailable warrant

acquittal
Acquittal

Acquittal: Without establishing circumstantial evidence mere recovery of wheel spanner at the SOC with the accused finger prints on it would not be enough to hold the accused guilty

suppression
Acquittal

N.I Act: Certain documents were suppressed in the statement on oath and made out a false case

cbi investigation
Acquittal

Constitutional courts are fully empowered to direct for CBI investigation but not on the basis of “ifs” and “buts”

murder
Evidence

Appellants went to deceased’s house armed demonstrating premeditation and intention to cause injury and thus not qualifying for any exceptions under section 300 IPC

preliminary enquiry
Acquittal

First judgment explaining Provision & Procedure to do Preliminary Enquiry under BNSS with example: Supreme Court Quashes FIR Against Poet Imran Pratapgadhi