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“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”
“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”
Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
“It is observed that in Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the word “shall” means “it is mandatory for the accused to furnish bail bond with surety”.”
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.
Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.
The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.
Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by
Delhi High Court: In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under
Supreme Court: In a case wherein concern was raised regarding common deficiencies and practices adopted by trial courts during criminal
Karkardooma Court, Delhi: In a bail application moved on behalf of applicant/accused Saleem Malik @ Munna under Section 437 Code
“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”
Punjab & Haryana High Court: While allowing the instant bail petition preferred by Kalyani Singh against the FIR dated 13-4-2016 under Sections
Tripura High Court: In a case relating to a revision petition filed by the State, challenging the order of the
Quality and relevancy; and not quantity of evidence, is what determines the fate of a case.
Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.