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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Partition suit- Trial Court had directed to make the plan depicting respective shares of the parties as part of decree—Held; at the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch—No party should be allowed to suffer for the error of the court—In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition—Impugned order of High Court setting aside order of trial court set aside.                                       

2018(3) Law Herald (SC) 2042 : 2018 LawHerald.Org 1427 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana                                 Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

Abetment to Suicide—Abusive Language- -Appellant used abusive language against the deceased and called her prostitute—The deceased was aged 26 years and being a young unmarried girl could have been upset over such verbal abuse heaped on her which led her to take a decision of committing suicide by setting herself ablaze—Conviction upheld.           

2018(3) Law Herald (SC) 2041 : 2018 LawHerald.Org 1426 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran   Criminal Appeal No.…

Protection of Children from Sexual Offences Act, 2012, S.19(l)- Information about offence—As per S.19(l) a person who had an apprehension that an offence under the said Act is likely to be committed or has knowledge that such an offence had been committed would be required to provide such information to the relevant authorities

2018(3) Law Herald (SCOI) 1981 : 2018 LawHerald.Org 1414 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal No(S). 961…

Practice & Procedure—Noting in official Government file—It does not create any legal right. Land Acquisition—Release of Land—Once the possession of the acquired land was with the State, the land stood vested in the State disentitling the State to release the land—Thereafter, Revenue Minister had no power to invoke the provisions of Section 48 of the Act for release of the land

2018(3} Law Herald (SC) 1987 : 2018 LawHerald.Org 1416 IN THE SUPREME COURT OF INDIA Before                      Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Civil…

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