Code Of Criminal Procedure, 1973; Section 437 – Section 437 would come into play when the accused is arrested or detained or when the summons or warrant is issued against the accused for causing him to be brought or to appear before the Court. In absence of any order for issuance of summons or warrant …
Souvik Bhattacharya vs Enforcement Directorate SLP(Crl) 14476 Of 2023 – S 437 CrPC Read More »
Interpretation Of Statutes – Expropriatory legislation- Provisions are to be strictly construed and cannot be applied to a land by implication or through an inference. (Para 13)
Advocates – State of Uttar Pradesh has agreed to set up a machinery which will ensure that the lawyers representing the State Government will be paid their fees promptly. We hope and trust that the State will not create a situation, where an Advocate representing the State is required to approach the Court for recovery …
Practice and Procedure- Roster – Due weightage must be given to protect the purity of the judicial process, particularly when departure from the usual process of assignment of case by the Chief Justice is noticed – Justice should not only be done but seen to have been done. The fairness and the transparency in the …
KKSSR Ramachandran vs State – Practice & Procedure – Roster Read More »
Practice and Procedure – Criminal Appeal – When Advocate for the appellant was not present, two courses were open for the High Court : One was to examine the merits of the case and decide it on merits. But in such a case, the judgment must show application of mind after considering the evidence of …
Vishnu @ Pappu vs State Of Uttar Pradesh SLP(Crl) 12747 Of 2023 – Criminal Appeal Read More »
Practice and Procedure – A technicality like the caption of the application/petition could not be an impediment to consider the substance thereof. [ In this case, instead of filing protest petition,the appellant moved an application captioned as “under Section 173(8) of Cr.P.C.”- We fail to understand what prevented the Magistrate from treating that application purportedly …
Service Law – Withdrawal Of Resignation – In the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar, a prospective resignation can be withdrawn at any time before it becomes effective – the prospective or intending …
Constitution of India, 1950; Article 14,226– When a citizen alleges arbitrariness in executive action, the High Court must examine the issue, of course, within the context of judicial restraint in academic matters. While respecting flexibility in executive functioning, courts must not let arbitrary action pass through – while the primary duty of constitutional courts remains …
Code of Criminal Procedure, 1973; Section 378 – Limitation Act, 1963; Sections 2,3,5 ,29– The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can be availed in an appeal against acquittal – Under Section 378 of the new CrPC read with Section 29(2) of the Limitation Act, 1963 …
Criminal Trial – Extra Judicial Confession – A weak type of evidence and is generally used as a corroborative link to lend credibility to the other evidence on record – Extra judicial confession must be accepted with great care and caution. If it is not supported by other evidence on record, it fails to inspire …