Evidence Act, 1872 — S. 115 — Approbate and Reprobate
Applicability of Doctrine of approbate and reprobate, explained. In the case on hand, the management of FCI filed a writ petition challenging the Award passed by the Tribunal but having…
Criminal Procedure Code, 1973 — Ss. 360 and 107 — Grant of Benefit of probation under S. 360
Factors to be considered for grant of probation, explained. Held, The incident pertains to the year 2007, when the appellant was about 31 years of age and has been sentenced…
Criminal Procedure Code, 1973 — S. 378(3) — Leave to appeal- in case of acquittal under Ss. 302 and 34 IPC
In the night there was an exchange of fire between men in uniform and members of the public, but there is no reliable evidence that the exchange of fire was…
Protection of Children from Sexual Offences Act, 2012 — S. 6 (as it stood prior to amendment dt. 16-8-2023) — Sentence
Imposition of less than minimum prescribed thereunder (of 10 yrs’ RI at the relevant time) is impermissible, even when the accused had moved ahead in life. it was noted by…
Criminal Procedure Code, 1973 — Ss. 401 and 239: Principles explained, relating to permissibility of discharge in exercise of revisional power
At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can…
Criminal Procedure Code, 1973 — S. 438(2) — Anticipatory bail —Legality of Condition(s) that may be imposed- Imposition of condition of deposit/payment of amount(s) allegedly cheated by accused (Ss. 420/406/34 IPC)
Principles clarified re cases in which money allegedly misappropriated should be directed to be deposited before the application for anticipatory bail/bail is taken up for final consideration, or as a…
Constitution of India — Art. 136 — Maintainability on SLP
In this case, SLP against order of High Court after earlier SLP against same order was withdrawn without any liberty to file a fresh SLP, but with liberty to pursue…
Constitution of India — Art. 226(2) — Maintainability of writ petition — Territorial jurisdiction
Principles clarified relating to applicability of fundamental principle while dealing with an objection as to lack of territorial jurisdiction to entertain writ petition on the ground that the cause of…
Criminal Procedure Code, 1973 — Ss. 197 and 482: Quashment of complaint on ground of absence of sanction under S. 197, whether warranted Also Acts allegedly done by accused whether committed while acting or purporting to act in the discharge of official duty
Apparently, the bar contained in Section 197 of the Code would not be attracted to the aforesaid facts and circumstances of the present case simply because the police officers had…
Indian Penal Code, 1860; Section 180 – Code of Criminal Procedure, 1973; Section 162
No statement made by a person to a police officer in the course of any investigation under Chapter XII of the Cr.P.C., which is reduced to writing, is required to…