Juvenile Justice (care and Protection of Children) Act, 2000-explanation of section 20
Held, in terms of Sec 20, in all cases where the accused was above 16 years but below 18 years of age on the date of occurrence, the proceedings pending…
Consumer Protection Act 1986- S2(1)(r)- Terms of agreement between buyer and seller whether one sided and the same constitutes unfair Trade Practice
In adverting to the facts of this case, NCDRC was justified in taking the view that the condition in the allotment of payment of compensation @ Rs 2 per square…
Evidence Act, 1872 –S.32(1)- Evidentiary value of multiple dying declarations- each declaration to be considered independently on its own merits.
The woman burnt by the accused husband by pouring kerosene upon her and thereafter setting her on fire by lighting with a matchstick. She gave two dying declarations and the…
Civil Procedure Code, 1908- Impermissibility of order for taking additional evidence in appeal without following procedure under Or. 41 Rr. 27 to 29
The High Court passed an order against the consent decree on the ground that it was obtained by fraud, calling for a report from the Principal City Civil judge and…
Criminal Procedure Code, 1973- Bail under section 439- Principles reiterated relying on Prasanta Kumar Sarkar V. Ashis Chatterjee and catena of other decisions
According to the prosecution, the accused along with other persons operate an organized crime gang in Azamgarh that allegedly commits offenses punishable under Chapters 16, 17, and 22 of the…
Criminal Procedure Code, 1973-Quashing of FIR and cross FIR under Ss. 482 and 173- Quashing by High court on wholly unreasonable and legally unjustifiable grounds
In the facts of the present case, the finding recorded by the High Court that the 2nd FIR was not registered immediately, cannot be justified, primarily because the matter relating…
Protection of Children from Sexual Offences Act 2012-Acquittal by the High Court on the ground that there was no physical contact i.e. skin to skin- Notice issued
It was brought to the notice of this court that a judgment dated 19.01.21 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Satish v. State of…
National Company Law Tribunal (NCLT) and national Company Law appellate Tribunal (NCLAT)- Fresh appointments and reappointments.
It was brought to the notice that there are 39 members at present for a sanctioned strength of 63 and the depletion of the strength of the members will adversely…
Criminal Procedure Code, 1973-bail under Sec 43-D(5) r/w Ss. 17/18/21 Unlawful Activities (Prevention) Act 1967
There was an allegation of terror funding as the accused allegedly paid levy/ extortion amount to certain terrorist organizations. Sec 43-D (5) proviso entails expression “prima facie true” as in…
Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia:
There is no absolute proposition of law that in all cases where the deceased died due to septicaemia, the case would fall under S. 304. The same has to be…