Code Of Criminal Procedure, 1973; Section 482 – Merely filing of the charge-sheet cannot be a ground for non-suiting a party in a petition under Section 482 Cr.P.C. Whether the case is a fit case for quashing of the proceedings on the parameters laid down by this Court in various judgments is required to be …
Indian Penal Code, 1860; Section 304A, 338 – Appellant – Accused Appellant facilitated trekking expedition through a tour agency namely ‘Tour de India Holiday’ in in Thindal, District Erode- trekkers died in the forest fire which engulfed the area of the expedition on the fateful day – persons who were part of the trekking expedition …
Peter Van Geit vss State CrA 369 Of 2024 – Ss 304A, 338 IPC – S 482 CrPC Read More »
Unlawful Activities (Prevention) Act, 1967; Section 43D(5) – the Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true – Referred to National Investigation Agency Vs. Zahoor Ahmad Shah Watali reported in 2019(5) SCC 1
Narcotic Drugs and Psychotropic Substances Act,1985; Section 53, 67 – Indian Evidence Act, 1872; Section 25 – Any confessional statement made by an accused to an officer invested with the powers under Section 53 of the NDPS Act, is barred for the reason that such officers are ‘police officers’ within the meaning of Section 25 …
Bar Council Of India – Disciplinary Proceedings – The consequences of taking disciplinary action against the Members of the Bar are very drastic. Therefore, such a course of deciding the case in absence of the Advocate ought not to have been adopted.
Constitution of India, 1950; Part III – Right to defend oneself is a Fundamental Right under Part III of the Constitution of India and further right to appear for a client is also a Fundamental Right being a part of carrying on one’s profession as a lawyer [ SC Quashed Mysore Bar Association resolution that …
Motor Accident Compensation – Homemaker -The role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for the family. The activities performed by a home-maker, if counted one by one, there will hardly be any doubt that the contribution of a home-maker is …
Constitution of India, 1950; Article 226 – Where the action taken is ex-facie violative of the statutory mandate, the High Court can entertain a writ petition without relegating the aggrieved person to avail the alternative remedy. However, the existence of power is one thing, and the exercise thereof is altogether different -It goes without saying …
Constitution of India, 1950; Article 300A – Though, the Right to Property is no more a Fundamental Right, still it is recognized as a Constitutional Right under Article 300A of the Constitution of India. Depriving a citizen of his Constitutional Right to use the land for 20 years and then showing graciousness by paying the …
Presumption Of Innocence – The Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence. Such approach cannot be countenanced. [SC expressed shock after it found that police officer stated in his counter affidavit that the accused “on interrogation pleaded himself innocent but did not …
Md Tauhid @ Kallu vs State Of Bihar CrA 721 Of 2024 – Presumption Of Innocence Read More »