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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.

Indian Penal Code, 1860 – Section 304B – Dowry death – Dying declaration – Deceased was fed up with activities of her husband and she poured kerosene oil on herself and burnt herself – Dying declaration of deceased as well as evidence of PW are sufficient to establish that appellant used to fight on petty issues and give beatings deceased

  (2013) 11 AD 453 : AIR 2014 SC 227 : (2013) 14 JT 357 : (2013) 4 RCR(Criminal) 964 : (2013) 13 SCALE 410 SUPREME COURT OF INDIA DIVISION…

Service Matters

the High Court set aside the order of termination – Court find that the respondent was given a copy of the order of cancellation of the certificate passed by the Tahsildar, Nowrangpur and he also signed in lieu of the receipt of the copy of the said order. In view of the fact that the petitioner was given a copy of the order of cancellation of certificate the High Court was not justified in holding that the respondent was not confronted with the order of cancellation of certificate. The learned counsel appearing for the respondent then urged that the respondent was denied an opportunity of personal hearing before the disciplinary authority – Appeal allowed.

  (2000) 1 LLJ 275 : (1999) 9 SCC 268 : (1999) SCC(L&S) 1228 SUPREME COURT OF INDIA STATE BANK OF INDIA AND OTHERS — Appellant Vs. LUTHER KONDHPAN —…

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