Soumya

Soumya

Member since: July 9, 2023
Total live articles: 146

Recent Articles by Soumya

Report of chemical Examiner

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The Chemical Examiner does not as rule,give opinion as to the cause of death but merely gives report of the Chemical Examination of the substance sent to him . The report by it self is not crucial....

Falsity Of Information By The Accused

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In the contextual facts, the situation however was slightly different and since the wife Alone could explain the death of the husband in the manner as it was noted. The crowbar was not availabl...

Object Of The Assembly Was To Cause Death If The Deceased: Appeal Dismissed

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Counsel submitted that in the common object of the unlawful assembly, of which the appellant were members, could not have been to cause death of the death of the deceased but the same could hav...

Res Ipsa Loquitor: Understanding Criminal Negligence and Rashness

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Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an indiv...

Common object

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Section 149 consists of two parts, the first part of section means that the offence to be committed in prosecution of the common object must be one which is committed with a view to accomplish ...

Right To Private Defence: A Human Perspective on Legal Protections

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It is well settled that once it is held that that the accused had the right of private defence and reasonably apprehended that death' or grievous bodily hurt would be the consequences if the ri...

Medical Evidence Supporting That A Minor Girl Was Raped And Murdered

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In this case the defence counsel submitted that this was a circumstances in favour of the accused who had obviously displayed affection for the deceased and when he came to know that she was de...

Order of attachment

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It was needless to emphasize that the requirement of Locus standi of a party' to litigation us mandatory, because the legal capacity of the party to any litigation whether in private or public ...

Understanding Seizure Laws: A Human Perspective on Vehicle Seizures and Legal...

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Clause (1) of the said provision goes to indicate that the seizure of the property should be by the police officer. In the instant case, the seizure, admittedly us not by the police officer but...

Doctrine Of Last Opportunity

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What would really be rashness would depend upon varying circumstances. An open straight road and narrow crowded street would require different standards. While on a narrow congested road, walking s...

Compensation For Rash And Negligent Driving

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In the instant case truck hit the scooterist from the wrong side who died leaving behind his widow and children. The tribunal dismissed the claim holding that the truck driver was not rash and ...

Exparte Decision: Limitations of High Court's Inherent Jurisdiction: Examinin...

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High court can not ,in the exercise of its inherent jurisdiction u/s 482 of he code set aside, the order of the Session Court passed in Revision petition. This will in another way amount to per...

The Intricacies Of Section 482 Crpc: A Case Study On Quashing Proceedings In ...

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Where facts necessary to satisfy the ingredients so constitute an offence under section 420 IPC, were absent in the said complaint. It was held a fit case where the proceedings are to be quashe...

Revision: Cognizance By Magistrate

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Quashing of the complainant petition has been sought mainly on the ground that the Court has no jurisdiction to take Cognizance of the offence in view of the provisions contained in section 174...

Enhancement of Sentence

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Under subsection 1 of section 401 , the High Court can exercise power conferred on a court of appeal by section s 386, 389,390 and 391 or on a court of Session by section 307. The only rider is...

Dismissal Of Complaint

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Under subsection (1) of section 204 Crpc, if in the opinion of the Magistrate taking cognizance of the offence, there was sufficient grounds for proceeding, the Magistrate has the power to issu...

Rejection of Appeal

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There was no provision in the criminal procedure Code, enabling an Appellate Court to reject an appeal on the ground of no representation. No doubt under section 386 Crpc , the Appellate Court ...

Issuing Of Warrant By The High Court Of Delhi

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If the High Court issues warrent under section 390 of the Code , following things are to be noted: That while admitting the said the said appeal ,the High Court has already exercised the d...

Alterations of Judgement

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In State of Kerala vs M M Manikantan Nair , in Supreme Court lays down that section 362 ,Crpc prohibits the Court ,after it has signed it's judgement or final order disposing of a case,from alt...

Revision-Execution Of Personal Bonds

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It was clear from the frame work of the aforesaid subsection that an order under this subsection calling upon a person to furnish Interim bond can be passed only during enquiry i.e after the co...

What is Interlocutory order

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The term Interlocutory order was explained in view of the Apex Court verdict in Amarnath vs State of Haryana, the term Interlocutory order in section 397(2) has been used in restricted sense an...

Enhancement of sentence: Understanding Revision Options under Section 401 for...

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Under subsection (1) of section 401 ,the High Court can exercise powers conferred on a court of appeal by section s 386/ 389/ 391 or on a court of Session by section 307. The only rider is that...

High Court's Discretion in Acquittal Appeals and the Imperative of Justice

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The settled position of Law regarding the Power s to be exercised by the High Court in an appeal against the order if acquittal was that though the High court has full powers to review the evid...

Alterations of Conviction

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In view of the gun shot injuries, sustained on the leg by the victim the accused could not be convicted under section 307 ,IPC, but since he caused hurt by a fire arm, he was held liable to be conv...

Justification of convictin on Section 304,Part II

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Where eye witnesses were consistent and there was no material contradictions in their Evidence s to disbelieve them ,the mere non examination of the doctor who treated the deceased did not adve...

Sanction for Prosecution

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The law obligates the competent Authority to apply it s mind to the facts and circumstances of the case before granting sanction. Before granting sanctioning authority was required to first ascerta...

Transfer of Criminal Cases

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The decision in A.R Antulay case was not rendered in the context of the competency , jurisdiction or authority of this court dealing with a substantial appeal against the judgments of the Court...

Evidence Admissibility: Legal Perspectives on Search, Seizure, and Constituti...

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The admissibility or otherwise of a piece of evidence has to be judged having regard to the provision s of the Evidence Act. The Evidence Act or the Code of Criminal Procedure or for that matte...

Anticipatory Bail in Legal Cases: Investigation, Defendants' Rights and Fair ...

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Investigation of the case not to be hammered by granting of anticipatory Bail. The anticipatory bail was normally denied if the grant thereof would thwart the investigation of the case. In t...

The Principles Of Proportion Between Crime And Punishment

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The principle of proportion between crime and Punishment was a principle of just desert that serves as the foundation of every criminal sentence that is justiciable. As a principle of criminal ...

Under Delay In Deciding Bail By Executive Magistrate

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Executive Magistrate should not forget that they are also expected to act in accordance with Law with fairness and in judicious manner. Their orders and record should bear an express live conce...

Charge Sheet: Quashing Of FIR

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The court in exercise of inherent power s u/s 482 Crpc would not embark upon the inquiry whether or not the statement of witness can be believed. It is function of the Trial Court. At appropria...

Optimizing Appeals: Understanding the Admission of Additional Evidence at App...

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Application for taking additional Evidence on record at an appellate stage, even if filed during the pendency of the appeal, us to be heard at the Time if final hearing if the appeal at a stage...

Understanding the Legality and Implications of Wagering Contracts in Law

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When a promissory note is executed for payment of debt arising out of a wagering transaction,it is hit by section 30 of the Indian Contract Act can't be enforced. ( Badri Das vs Meghraj ,AIR 19...

Ingredients Of Section 420 And 406 Not Attracted

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The other offence u/s 406 IOC, relates to criminal breach of Trust. Criminal breach of Trust has been defined in section 403, IPC. To constitute the offence of criminal Breach of Trust, the nec...

Prevention Of Child Abuse

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There can be no doubt that a girl child is a Minor but may be a time has come Where a distinction can be drawn between the girl children and minor,may be fixing the upper limit at 10 for the gi...

Service Of Order

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A copy of order stating the grounds of the Magistrate s satisfaction must be served on the parties,for it is the intention of the Law ,not only that the Magistrate should have sufficient ground...

Chief Object For Cheque Dishonour

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The Chief object of the Negotiable Instruments Act is to legalize the system under which Negotiable Instruments Act Pass from hand to hand in negotiation like ordinary goods. According to its p...

Transfer Of A Particular Case

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The purpose of sec 24 CPC , merely to confer on the court, a discretionary power. A court acting under section 24 CPC may may not it's judicial discretion transfer a particular case. Section 24...

Knowledge and Intention

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The appellants assaulted the deceased and the injured with Lathi and Luhnagi and not with any sharp cutting object. It is noticeable that there is nothing in record to indicate that the kind of...

Investigation

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Non action on the part of the Investigation Officer reflects upon the nature and manner of the investigation. No attempt at all is made to investigate through the injured accused positively sai...

Exercise of Private Defence

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Land dispute between the parties, accused assaulted by gun shot,only oral evidence did not show that the deceased was in possession of Land, on the other hand, the entries in the revenue record...

Mercy Petition

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Delay in the disposal of mercy petition - Where there has been delay in the disposal of the mercy petition, the death sentence should be converted in to life imprisonment. For the imposition of...

When Hindu Widow Estate Become An Absolute Estate

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The answer is, that section 14 only applies to properties possessed by the female Hindu at the date of commencement of the Act. It is not correct to say that the expression by a female Hindu ...

Rule Of Succession

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The rules of succession and the nature of estate taken by heirs under the Hindu Succession Act , are almost new. A uniform Law of succession to all those who were governed till then by differen...

Necessity Of Conduct Of Enquiry For Order Of Arrest Of Judgement

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Where application was filed under CPC, Order XXI ,Rules 10 and 11, for issuance of notice under Rule 37 and then warrant under Rule 38. The Court after hearing the counsel for parties had issue...

Arbitration Agreement

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Under the Law on commercial Agreement,an arbitration agreement or an An arbitration clause shall be concluded between the parties in written. The conclusion of the written agreement may be in a...

Res judicata and Stare Decicis

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Res judicata means a thing already adjudicated, a case already decided or things settled by a decision or judgement. The doctrine of Stare de cicis means that a court look to the past , simil...

Delay in Trial of offences

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In land mark case i.e A R Antulay vs R.S Nayek it was submitted that delay in each stage for trial of an accused violates the fundamental rights of the petitioner. This decision has been consid...

Dismissal of Complaint

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When the complaint is dismissed u/s 203 of the code at the stage of section 200 itself, or on completion of enquiry by the Magistrate u/s 202 or in receipt of the report from the police or from...

Attachment before Judgement

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In a suit against the partnership firm, and it's partners even the personal property of any of the partner's can be attached before Judgement. Creditors suit for the recovery of loan - applic...

Receivers Right

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In the interest of justice and fairplay a serving Judicial Officer should not be appointed as a receiver by any Court of Law. Sub Rule (2) clearly indicates that Court and it's Officer ,the Rece...

Cause of Action

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The plaint has to be rejected on the grounds that it does not disclose a cause of action and it is an abuse of process of Court. In order to appreciate the rival submission of the Ld counsel on...

Void Marriage

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Distinction between void and void able Marriage - There is some confusion in the use of terms "nullify" and annulment ". English court has often applied the term" nullify &q...

Further Investigation

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Section 173(8) Crpc - Power to direct further investigation after taking cognizance without request of the investigating agency. - Scope of - whether a Magistrate can direct for further investigati...

Article 226

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Article 226 - licence - Terminations of , natural justice, compliances of, necessity of, scope - licences were granted to petitioner s to work as iron Pattipackers differently railways stations...

False Statement By Minor As To His Age

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A fraudulent representation by a minor that he is of full age by which he indices another to contract with him will not estop the minor from setting up the plea of minority. Where, for insta...

Adoption

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Adoption by a make Hindu having a wife living at the time. Where a male Hindu having a wife living adopts a child ,all the ties of the adopted child of his family of birth severed and replaced...

Section 302 And 201 r/ws 34 IPC: Murder

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Section 302 & 201 r/ws 34 IPC. Murder. circumstial evidence. Evidence of Last seen together. failure to conduct a test identification parade- Prosecution case that on 17.2.2004 , deceased a...

Section 439 Crpc: Grant Of Bail

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Section 439 Crpc: Grant Of Bail: Appellant has been in custody for more than five years as an under trial. Trial though progressing ,has not progressed at the the pace as expected by the Tria...

Evidence Taken By Court

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Section 46 of Guardians and Wards Act does not control s 13 so as to enable District Judge to dispense with the hearing of evidence by himself and to transfer the whole enquiry to a subordinate...

Enlargement Of Women's Estate

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Before becoming a full owner u/s 14 of the Hindu Succession Act, it was necessary that she must have acquired the property either by Inheritance or device or on a partition or in lue of maint...

A Child Born Out Of Invalid Marriage Or Where Marriage Has Been Declared As N...

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After Taking in to consideration the provision of section 16(1) of the Act 1956 irrespective of the nullity of the marriage u/s 11 of the Act ,any child who would have otherwise been legitimate...

Females Property-Devolution If

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Admittedly,Sub section (2) (b) provides for the mode of succession to the property of female Hindu which she had inherited from her husband and State s that the property goes to her husband s h...

Devolution Of Property

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Distribution Of Properties Amongst Heirs Section 3(2) of the Hindu Women's Right to property Act ,1937,confers an interest in a female Hindu undivided family property governed by the Mitakshar...

Grant Of Succession Certificate

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In the instant case, there are two rival claimant's, one her brother and the other alleging to be husband of the deceased. Court found that the person alleging husband was not proved nor his ma...

Daughters Born From Second Wife Would Inherit The Property Of Their Father Al...

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In view of section 5 and 11 of the Act, it must be Held that the marriage between both the parties after the commencement of the the Act . Therefore, considering that the marriage between husba...

Unmarried Daughter Gets Equal Status Of Coparcener

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There can be no dispute regarding the position of Law that after the insertion of Sec 6A in the Hindu Succession Act,1956 by the Karnataka ( amendment) Act No 23 of 1994, an unmarried daughter ...

Falsity of information by the Accused: Can't but Warrant Punishment u/s 201 Crpc

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In the contextual facts, the situation however was slightly different and since the wife alone could explain the death of the husband in the manner as it was noted. The crowbar was not availabl...

Case Based On Circumstantial Evidences Not Believable - Accused Acquitted

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Much Reliance was placed by the prosecution regarding the recovery of dead body at the instances of the accused which was alleged to be the recovery made u/s 27 of the Evidence Act. The evidenc...

Direct Evidence And Eye Witness

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Delay in examination of witnesses: The delay was on account of the fact that the I.O wanted to assure himself of the veracity of statement of daughter of deceased and hence ,she was examined a...

Conviction Can't Be Based On Strong Suspicion Without Legal Proof

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In this case, the prosecution had been able to establish beyond reasonable doubt the following circumstances: On 19.12.1992 at about 6.30 PM when J was in his tea stall,he was called by a...

Acquittal Of One Of The Co-Accused, Effect On Conjoint Liability Of Other Ac...

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In the case of Suresh and another vs State of U.P, a three Judge Bench of Supreme Court whole considering the scope of section 34, referred to and related upon the ratio in Mohan Singh ( supra)...

Section u/s 376 and 109 Of Indian Penal Code

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As far as general credibility of the victim is concerned,court had very carefully assessed her evidence and the court did not find that apart from the variation that had not not been referred t...

Evidence of last seen

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The father of victim received information that the victim was last seen in company of accused from some other person s, But the person s informing the father of victim were not examined as witn...

Every Member Of Unlawful Assembly: Is Guilty Of The Offence Committed In Pros...

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The trial court as well as the High Court ,had after critical examination of their statements, rightly concluded that they were the truthful witnesses and that all the appellant s in these appe...

Understanding Alimony: Legal Principles and Practical Considerations

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Where a decree of Divorce was granted to a husband on the ground of desertion by the wife,it was held that the wife is not disentitled to get the alimony though her conduct may be considered in...

Transfer Of Case

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Transfer withdrawal of from High Court for hearing by Supreme Court. This is a rather unusual case it can hardly be disputed. The divorce petition has been pending for more than 8 years. With a...

Divorce petition by wife - Refusal of -

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>Wife has utterly failed to prove any ground to seek divorce. There is no reliable evidence of record to prove that the conduct/ behaviour of the husband has become intolerable for the wife or ...

Testimony Of Witnesses

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In a murder case the testimony of eye witnesses, delay in disclosure of statement by witness who was not listed in police report/ Charge sheet - he gave his statement to police on an affidavit ...

Intricacies of Acquittal in the Legal Landscape

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The evidence relating to the motive of the occurrence and found that the respondent who had married the deceased as his second wife had not only entertained a suspicion about her fidelity but w...

Forgery

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Original forged documents in court to satisfy counsel that copy of that document used as annexure to Affidavit was correct copy document held not produced in court section 195 not attracted. ...

Power of Police Officer

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Power of Police Officer u/s 173(8) Crpc is unrestricted. Needless to say, Magistrate has no power to interfere,but it would be appropriate on the part of the investigating Officer to inform the...

Wrongful Arrest

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Even conceding that the applicant was not told the reason s of the arrest as required u/s 50(1) of the Crpc, his prosecution before the Magistrate was made with an allegation of his involvement...

Dismissal Of Complaint

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When the complaint is dismissed u/s 203 of the code at the stage of section 200 itself or on completion of enquiry by the u/s 202 Crpc or in receipt of the report from the police or from any pe...

Bail Once Granted Can't Be Cancelled

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Bail once granted can't be cancelled unless cogent case, based on supervening event nade out. Ms X v State of Telangana, AIR 2018 SC 2466 The provision of Prevention of Money Laundering Act, 2...

Confessions made in police custody

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Under the general Law of the land, as reflected in the Evidence Act,no confessions made to a police officer, can be proved against an accused. Confessions leading to discovery of a fact which i...

Arbitrability And Jurisdictional Considerations In SBP And Co v/s Patel Engin...

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In SBP and Co v Patel Engineering Ltd, and another, reported in 2005,8 SCC ,618: ( AIR2006 SC 450, the Honble Supreme Court held that dragging a party to an arbitration when there existed no ar...

Object Of Section 138 N.I Act

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A full Bench of the Kerala High Court in S.K.D Lakshmanan Fire Works Industries vs K.V Sivarama Krishnan has discussed the scheme of the provision s in chapter XVII of the Negotiable Instrument...

Supreme Courts Guidelines On Arrests

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In D. K Basu vs State AIR 1997, SC 610, where law relating to arrest has been dealt with more exhaustedly and direction given therein have been ordered to be followed mandatorily. The relevant ...

Illegal Detention

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Section 151- Section 107 and 151 if Crpc are, in terms , preventive, not punitive, - conditions in section 151 must be met for its in vocation - A Police Officer could effect an arrest without ...

Quantum Of Maintenance

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In determining the quantum of maintenance in favour of a child, the fact that the mother has seperate earning s is not a relevant consideration in determining the quantum of the child. In f...

Imprisonment By Family Court For Default In Complying With Courts Order For P...

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In Gorakshanath Khandu vs State 2005 Cr LJ 3158,the family court, Pune fixed the maintenance at the rate of Rs 1500 to the wife and minor daughter, Rs 2400/- fell in arrear and as such,a warran...

Expression of (Wife)

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The expression wife in sub section (4) whether includes a divorced wife ? The expression of Wife in sub section (4) of section 125 does not have extended meaning of including a women who has be...

Delay In Lodging FIR, Is Always Fatal

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The Supreme Court has consistently highlighted the reason s , objects and means of prompt lodging of FIR Delay in lodging FIR more often than not, result s in em embellishments and exageneratio...

Infirmities Found In Test Identification Parade: Acquittal Proper

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PW 6, Circles Inspector of Police, deposed that during the course of investigation, he arrested the Accused on 22.5.1999 and seized the property pertaining to the crime s in presence of the med...

Preliminary Enquiry Regarding Commission Of Offences

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Section 340 of Crpc, prior to amendment in 1973, was section 479-A in the 1898 Code and it was mandatory under the pre amended provision to record a finding after the preliminary inquiry regarding ...

Court Unable To Place Any Reliance On The Opinion Of Doctor Who Conducted The...

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In Modi's book of Medical Jurisprudence and Texicology, edited by CA Franklin, twenty - first edition and also Parikhs Text Book of Medical Jurisprudence and Texicology edited by Dr CK Parikh q...

Inherent Power Of High Court

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While exercising jurisdiction u/s 482 of the code, the High Court would be ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether in a reasonable appre...

Initiation Of Enforcement Proceedings

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The proceedings u/s 125 Crpc, and the related proceedings are in civil nature. This has been held by the Supreme Court in Nand Lal vs Kanhaiya Lal , and Jasbir Kaur vs Jaswant Singh, even thoug...

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Popular Articles by Soumya

Whether Under Article 32: The Supreme Co...

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Article 32 of the constitution confers power on the Supreme Court to issue direction s or order...

Transfer Of A Particular Case

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The purpose of sec 24 CPC , merely to confer on the court, a discretionary power. A court actin...

Five Golden Principles For Proving Crimi...

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The circumstances from which the conclusion of guilt is to be drawn should be fully establish...

Section 364 And 364A IPC, Relative Scope...

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S.363 punishes the act of kidnapping and S.364 punishes the offence of kidnapping and abduction...

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