Bhima Koregaon Case : Supreme Court Refuses To Extend Stay On Gautam Navlakha’s Bail, Says Trial May Take Years To Complete
“Prima facie we are of the view that there is no need for extend the interim order of stay. The appellant has been in incarceration for more than four years…
Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services
“We have distinguished profession from business and trade. We have said that a profession would require advance education and training in some branch of learning or science. The nature of…
Supreme Court Grants Bail To 2 Kerala Advocates Accused Of Raping Client
“Having considered the circumstances here and more particularly the fact that the respondent Nos. 1 and 2 were arrested, we deem it appropriate to grant bail to both accused i.e.,…
Supreme Court Issues Notice On Union’s Plea Against Grant Of Bail In UAPA Case To Person Alleged To Be Foreign Citizen
“43-D (7) of the UA(P) Act, 1967, stipulates that bail cannot be granted to a person who is not an Indian citizen and has entered the country unauthorisedly or illegally…It…
S. 102(3) Cr.P.C. | Police Seizure Wouldn’t Get Vitiated Altogether Due To Delayed Reporting To Magistrate
“Therefore, in deciding whether the police officer has properly discharged his obligation under Section 102(3) Cr.P.C., the Magistrate would have to, firstly, examine whether the seizure was reported forthwith. In…
Power Of Attorney Holders Cannot Give Evidence About Facts Which Are Within Personal Knowledge Of Persons They Represent
It is, therefore, settled in law that Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within…
Specific Performance Suit Can’t Be Decreed Based On Power Of Attorney Holder’s Deposition About Plaintiff’s Readiness & Willingness
“In other words, if the Power of Attorney Holder has rendered some ‘acts’ in pursuance of power of attorney, he may depose for the principal in respect of such acts,…
The power under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or impossible mere existence of a reason for terminating the proceedings is not sufficient. The reason must be such that the continuation of the proceedings has become unnecessary or impossible.
2024 INSC 433 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6462 OF 2024 (Arising out of Special Leave Petition (C) no.19301 of 2023)…
Corroboration of the dying declaring statement isn’t required when it inspires the confidence of the court to convict the accused.
“The law relating to dying declaration is now well settled. Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied…
Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.
2024 INSC 393 SUPREME COURT OF INDIA DIVISION BENCH SELVAMANI — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and Sandeep…