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burden of proof and political appointment

-May 8, 2024

There is a challenge against a conviction made under section 302 IPC before the Hon’ble Supreme Court. The prosecution's case involves the accused inflicting stab wounds during an altercation to his wife (who is the deceased). The investigation has been completed, the charges have been framed, and the trial has taken place, after section. 313 (b) crpc questioning the Trial…

Surrender petition: Accused should surrender only before the Jurisdictional Magistrate

-March 8, 2024

Unless the case diary and the remand report is transmitted to the Magistrate he would not be able to apply his mind effectively for remand - Practice for decade surrendering before non-jurisdictional Magistrates is strange and dubious practice and severely deprecated - Roshan Beevi vs. Joint secretary (1983 MLW (cri) 289) cannot be applied to IPC offences - Remand would…

NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act

-March 6, 2024

Challenge - Conviction under NDPS Act - Brief Facts - Arrest and interrogation on the spot - Recovered contraband is Ganja - Trial court convicted - High court upheld the conviction – Analysis: Recovery of narcotics from vehicle stopped during transit - Independent panch witnesses not examined - No witnesses or documents to prove the safe keeping of samples -…

Reversal of Acquittal: Appellate court cannot reverse the acquittal on fresh appreciation of evidence and without recording any illegality error of law or of fact in the Trial court judgment

-February 12, 2024

Head note: Challenge: Trial court acquitted the appellants but Hon’ble High court reversed the acquittal and held the appellants guilty of murder hence this appeal - Analysing the judgment of the Hon’ble High Court - Issue: Whether the High Court was correct in reversing the order of acquittal - The accused are not unknown to the victims - Presumption of…

S. 138 N.I Act would note attract if the part payment made before encashment of the cheque issued for the original amount

-June 5, 2023

The first respondent has made part-payments after the debt was incurred and before the cheque was encashed upon maturity. The sum of rupees twenty lakhs represented on the cheque was not the ‘legally enforceable debt’ on the date of maturity. Thus, the first respondent cannot be deemed to have committed an offence under Section 138 of the Act when the…

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