Ramprakash Rajagopal

827 Articles
contempt
General

Limitation to initiate contempt proceedings is within one year either by filing an application or by the Court issuing notice Suo motu

dowry death
3 judge bench

Dowry death: Complainant displayed honesty by making allegations only against the appellant and not implicating other family members unnecessarily

no sanction necessary
Cr.P.C

Sanction not necessary for the public servants who have conspired and issued patta in favour of some other person other than the property owner

natural justice
General

Principles of natural justice are not applicable at the stage of reporting a criminal offence

death row
3 judge bench

Despite murdering wife and 4 children Hon’ble Supreme Court converted appellant’s death row into life sentence

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