Bringing you the Best Analytical Legal News
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
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.
Civil Procedure Code, 1908 — Or. 21 Rr. 84, 85 and 90 — Auction-sale whether vitiated — Non-compliance with mandatory provisions of
The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.
The Court stated that if at all an offence is committed at a particular time, there cannot be inconsistency in the time of offence in the deposition and the FIR registered by the informant herself.
The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.
Administrative Law — Natural Justice — Generally — Nature, Scope and Applicability: Meaning and Constituents of principles of natural justice in general,
The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.
by Shubham Priyadarshi*
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
“It is well-settled law that awarding of life sentence is a rule and death is an exception. The application of the rarest of rare case principle is dependent upon and differs from case to case.”
Allahabad High Court said that offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.
The accused had pleaded with IAS officer Smt. Ashwini Bhide to look for alternatives so that the trees in the Aarey Forest area, which he has stated to be about 3,500 in number, can be saved during the construction of a car-shed on the same land.
Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.
Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.
Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine
Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.