Doctrine of Necessity – Under given circumstances an action is required to be taken under compelling circumstances -law permits certain things to be done as a matter of necessity which it would otherwise not countenance on the touchstone of judicial propriety. Stated differently, the doctrine of necessity makes it imperative for the authority to decide …
Summary : Woman concurrently convicted in a murder case of the year 2000 – Juvenility claim accepted and appeal allowed – on the date on which the incident constituting the offence took place, the age of the appellant was less than 18 years – The maximum action which could have been taken against the appellant …
Indian Penal Code, 1860; Section 420 – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property. There are, thus, three components of this …
Indian Evidence Act, 1872; Section 17,18 – Admission is a conscious and deliberate act and not something that could be inferred. An admission could be a positive act of acknowledgement or confession. To constitute an admission, one of the requirements is a voluntary acknowledgement through a statement of the existence of certain facts during the …
Indian Penal Code, 1860 ; Sections 420, 406 – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Code of Criminal Procedure, 1973 ; Section 438 – …
Bail Applications -To avoid any confusion in future it would be appropriate to mandatorily mention in the application(s) filed for grant of bail: (1) Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. (2) Details of any bail application(s) filed by the petitioner, which …
Code of Criminal Procedure,1973; Section 227 – Upheld Sessions Court order discharging accused – Expert witness examined by the complainant, who admittedly carried out a post-mortem on the body of the deceased, has categorically stated that the death of the deceased was natural – In the post-mortem, no injury was found on the chest or …
Ramalingam vs N. Viswanathan 2024 INSC 45 – S 227 CrPC – Discharge Read More »
Assam Police Act, 2007; Section 14(2) -Upheld Gauhati HC judgment that held that Rule 63(iii) of the Assam Police Manual held invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007 – 1970 Rules/2007 Rules define reporting, reviewing and accepting authorities to mean that they must …
Summary: High Court issued directions transferring the petitioner out of the post of DGP – The allegations which were levelled by the complainant are that the petitioner, in his official capacity, intervened in a civil dispute and attempted to used his office to intimidate the complainant- Setting aside HC direction, the SC held: The consequence …
Code of Criminal Procedure, 1973; Section 197 – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – The object of such …