Art. 21 — “Victim” of crime
Scope of rights of “victim” of crime, to participate in criminal proceedings, at various stages, including at stage of bail proceedings, particularly after insertion of S. 2(wa) vide CrPC Amendment…
Arts. 226 and 227 — Binding effect of Law declared by High Court
There is primacy of orders of High Court over those of statutory tribunals in case of conflicting orders. Law declared by the High Court in the State is binding on…
Or. 23 R. 3 — Consent order
All the parties to the consent terms are required to fully comply with the terms of settlement/consent terms and the consent order. One party cannot be permitted to say that…
Murder trial on circumstantial evidence
In this case, alleged money transaction between appellant-accused herein and deceased leading to dispute between them, resulting in appellant allegedly murdering deceased using firearm. As the case was based on…
Ss. 409 and 420 r/w S. 120-B — Revisional Jurisdiction in Cheating and misappropriation
Principles regarding interference with conviction in revisional jurisdiction in the case of cheating and misappropriation, when permissible. Section 397 CrPC vests jurisdiction for the purpose of satisfying itself or himself…
S. 302 — Murder trial
In this case, appellant-accused herein after sprinkling chilli powder into eyes of deceased, stabbed him with knife on his chest and abdomen, resulting in grievous injuries to him, leading to…
Juvenile Justice (Care and Protection of Children) Act, 2015 — Ss. 9(2), (3) and 94 — Claim of juvenility before court — Burden of proof
When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in…
S. 439 — Bail
During the course of the investigation, statement of eyewitness – Narender has been recorded. In his statement under Section 161 Cr.P.C., a specific role has been attributed to respondent No.…
Art. 226 — Writs — Habeas corpus — Custody of minor upon death of both parents
Independent income, younger age and/or bigger family of maternal aunt cannot be sole criteria to tilt balance and deny custody to grandparents when capacity and/or ability of grandparents to take…
Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal
Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued…