Ramprakash Rajagopal

812 Articles
section 106
3 judge bench

Burden of proof: Section 106 IEA: Unless the prosecution has proved the initial burden the accused need not invoke section 106 Indian Evidence Act

section 141 ni act
Acquittal

Section 141 N.I Act: Unless assertions are made, vicarious liability of the Directors of the first accused company is not attracted

interim compensation for authorised signatory
Acquittal

Interim Compensation (section 143A N.I Act): Broader interpretation that Authorized signatory is accountable for sections 143A and 148 N.I Act would lead to unjust liability and not supported by the statute

section 307 ipc
Cr.P.C

Under Section 307 IPC (first part) court cannot be sentenced to undergo imprisonment beyond the period of ten years

exparte bail
Latest

High Court or Sessions court should be very slow in granting stay of order granting bail and should not grant exparte stay of the order granting bail

 withdrawal of prosecution, section 321, withdraw prosecution of murder case,
Cr.P.C

Withdrawal of prosecution: Section 321 Cr.P.C: Prosecution cannot withdraw a Murder case and the court cannot allow by saying that the accused has a good public image

discharge and criminal conspiracy
Acquittal

Discharge Petition: Section 227 Cr.P.C: Courts must refrain from considering the grounds referring the case of the accused in discharge petition

suicide case
Acquittal

Section 306 IPC: There must be either an instigation or an engagement or intentional aid to ‘doing of a thing’ and based on that accused must have encouraged the person to commit suicide

Murder intention
Evidence

Murder intention confirmed: If the accused has no intention, then he could not have gone into his house and brought billhook to assault the accused

arvind kejriwal interim bail
Acquittal

Mr. Arvind Kejriwal Interim Bail: Framing the questions of law on the arrest Hon’ble Supreme Court has referred to a larger bench further granted Interim bail to Kejriwal with the condition not to visit the CM office

return of property without court order
Acquittal

Investigation officer cannot release the case property without any court’s order also currency recovered was not produced before the court and the court convicted without the case property

how to contradict hostile witness?
Acquittal

Hostile witness contradiction: Public Prosecutor has to confront relevant portions to the witness and contradict as required by section 145 IEA