cognizance
Acquittal

Section 223(1) BNSS: Though the complaint was filed earlier cognizance was taken after BNSS came into force and appellant not heard before cognizance is an illegality would vitiate the proceedings

Cognizance and hearing of the accused: Only CrPC proceedings already initiated shall continue under Cr.P.C but since Cr.P.C did not foreseen the hearing of accused Section 531(2)(a) BNSS does not…

ndps return of property
Acquittal

NDPS: Confiscation: Sections 36-C and 51 NDPS do not deny the use of sections 451 (s.497 BNSS) and 457 (503 BNSS) and section 60 does not deny interim custody to bona fide owner

suspension of sentence
Acquittal

Suspension of Sentence: Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

prolonged investigation
Cr.P.C

Despite investigation records being untraceable and yet the investigation kept pending for two decades is nothing but delayed and denied justice

guidelines
General

Guidelines to remedy the persistent delay in the pronouncement of reserved judgments by High Courts

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quash
Acquittal

Quash: When the amount was fully settled by way of compromise before DRT lodging a complaint before CBI for fraud and forgery is an abuse of process of law

ndps bail
BNSS

Bail order set aside: Twin conditions laid down under section 37 NDPS Act should be considered in commercial quantity cases

dv quash
Ad. Azhar Basha

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

11 lakh
Acquittal

Rs.11 Lakh compensation: The respondent-state challenging the permanent parole granted by the single High Court while having appellant in its illegal custody is against the ‘obey first appeal later’ rule and Article 21

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

approver
Evidence

Approver: Since direct evidence has come through the approver (PW.1) who is creditworthy and the circumstantial evidence also corroborated him led to conviction

ibc
General

Moratorium Protections (IBC) in Section 138 Proceedings referred to Larger Bench

304AIP
Acquittal

Section 304A IPC: Acquittal: Driver acted by following conductor’s instructions and moved the bus cannot be said to be reckless

murder case acquittal
Acquittal

Murder Case: Acquittal: Prosecution failed to establish beyond reasonable doubt that the recovery of dead body and failure to do Test Identification Parade of articles

cheating
Acquittal

No Cheating: It is not alleged that signatures appearing on the Power of Attorney were forged or fabricated and that the executants were impersonated hence disputed claim over the property title is not creating false document

legal aid
Acquittal

After appointing the amicus Curiae he must given a reasonable time to prepare and to meet the accused to get instructions

identification
3 judge bench

Identity of the accused disclosed by the witnesses (PW.8 & 9) after the arrest of the accused through belated and improved testimonies damaging prosecution’s case

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