2023 SCC Vol. 8 Part 4
Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act
Criminal Procedure Code
Delhi High Court directs State to notify mode and manner for compliance of Section 173(2)(ii) CrPC
As on date, there are no rules prescribed by the State Government which provide a particular method of communicating the complainants/informants as per Section 173(2)(ii) CrPC to ensure uniformity, transparency and effective implementation of the provision, in its letter and spirit.
Supreme Court acquits Death row convicts: The 15-year-old’s brutal murder case that sparked call for code of investigation for Police to avoid technical acquittals
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
2023 SCC Vol. 8 Part 2
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
Delhi High Court | Maintenance amount is a legal ‘debt’, can be recovered through a civil suit
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
Investigating Agencies not obliged to submit translation of charge sheet in language of the Court: Supreme Court
Supreme Court clarified that if the accused and his advocate are non- conversant with the language, the question of providing translation may arise because the accused must get a fair opportunity to defend himself by understanding the material against him in the charge sheet.
COVID Protocol Violation Case | Punjab and Haryana High Court quashes FIR against Sukhbir Singh Badal
Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.
2023 SCC Vol. 7 Part 3
Arbitration and Conciliation Act, 1996 — S. 31(7)(a) — Award of interest: Principles clarified relating to validity of award of interest, when
Distant relatives having no ‘domestic relationship’ roped to cause harassment and build pressure on husband; Bombay High Court invokes S. 482 CrPC to quash DV proceedings
The power of the High Court under Section 482 of the Criminal Procedure Code is of the widest amplitude, which can be exercised to secure ends of justice, unless barred by specific provision or by implication. Such power can be exercised to prevent unwanted harassment caused to a respondent with the application of rigour of the Criminal Procedure Code.
2023 SCC Vol. 6 Part 4
Concept of Justice in Society: The author delves into the concepts of “law” and “justice” in this article. [Engaging in the Concept
“Solemn duty to protect innocent persons”; Madhya Pradesh High Court issues directions to prevent criminalization of civil disputes
The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.
41 theft cases, 90+ years of imprisonment sentence prompts Bombay High Court to order release of prisoner
Bombay High Court perused details of all 41 cases and noted that the petitioner was apparently arrested in one case and came to be arrested in other cases on transfer warrant, pleaded guilty in all 41 cases.
“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
The Supreme Court of India and its Diverse Jurisdictions
by Ajay Bhargava† and Trishala Trivedi††
Cite as: 2023 SCC OnLine Blog Exp 59
Journalist’s mobile cannot be seized simply because he got information about some crime: Kerala High Court
Kerala High Court directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized.
2023 SCC Vol. 6 Part 1
Administrative Law — Natural Justice — Generally — Nature, Scope and Applicability: Meaning and Constituents of principles of natural justice in general,
Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017
Kerala High Court said that a fair and impartial trial is an insegregable facet of Article 21 which aims that the accused is not prejudiced, injustice is ostracised and fairness is not hampered in the interest of the accused, victim and society.
2023 SCC Vol. 5 Part 4
Constitution of India — Arts. 32, 14, 19 and 21 — Challenge to judgment of Supreme Court — Maintainability: Approach and duty
Involvement in subsequent crime sufficient ground for cancellation of bail: Kerala High Court
Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.
