Latest Post

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.

Immoral Traffic (Prevention) Act, 1956 – Sections 5, 6 and 9 – Penal Code, 1860 (IPC) – Sections 323, 504, 117, 366A and 373 – Criminal Procedure Code, 1973 (CrPC) – Sections 437(5) and 439(2) – Rescue of young girls and children from red light area – Challenge to order passed by High Court whereby bail was granted to respondent –

  (2010) CriLJ 1433 : (2009) 14 JT 37 : (2009) 15 SCC 75 : (2009) 11 SCR 761 SUPREME COURT OF INDIA GURIA, SWAYAM SEVI SANSTHAN — Appellant Vs.…

There was a re-count of the rejected votes and, therefore, no grievance could be made on that count and so far as the dead electors are concerned, only at the best, four persons took the ballot papers as deposed by the Tehsildar and even if it is assumed that those four persons voted for the successful candidate, it does not materially affect the election – Appeal dismissed.

  (1998) 8 SCC 695 SUPREME COURT OF INDIA SATHI ROOP LAL — Appellant Vs. MALTI THAPAR (MRS) — Respondent ( Before : A. M. Ahmadii, C.J; B. N. Kirpal,…

Penal Code, 1860 (IPC) — Section 34, 120B, 302, 364A, 386, 511 —Conviction for offence — The Appellant aggrieved by his conviction for offence under Sections 302/34 of the Indian Penal Code and sentenced — the recovery of The dead body on the statements made by the accused from the house in their possession has been proved.

  (2014) 1 CCR 398 SUPREME COURT OF INDIA VIJAY KUMAR — Appellant Vs. STATE (NCT) OF DELHI — Respondent ( Before : J.S. Khehar, J; C.K. Prasad, J )…

You missed