The Supreme Court in Naresh Giri v. State of M.P. in App. No. 1530/2007 distinguished the mental state required under section 302 IPC from the one required under section 304A IPC. It was a case wherein the driver of a bus, which was hit by a train in..
The Supreme Court detailed the admissibility of dying declaration thus: “Normally, the court places reliance on the medical evidence for reaching the conclusion whether the person making a dying declaration was in a fit state of mind, but where the ..
Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused...
In a complaint triable by a Sessions Court, Magistrate must record statements of all witnessess u/s 202 Cr.p.C. ..
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S.362 Cr.P.C.-Mag. could not review earlier order passed by his predecessor..... ..
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Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused...
Section 482 - Negotiable Instruments Act - Section 138 - A penal provision should be construed strictly; the condition precedent wherefor is service of notice. It is one thing to say that the demand may not only represent the unpaid amount under cheq..
Complaint on dishonour of cheque – Burden of proof - Reversal of a judgment of acquittal passed by the learned Trial Judge in favour of the appellant - The criminal court while appreciating the evidence brought on record may have to weigh the entire ..
The Appellate Court, however, while suspending the sentence, was entitled to put the appellant on terms. However, no such term could be put as a condition precedent for entertaining the appeal which is a constitutional and statutory right..
Under Juvenile Justice Act order refusing bail to juvenile by Board and S.J. is not proper...
"........as per Ballistic expert's opinion, cartridge E. C. 1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt. " ..
when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probation of Offenders Act. This contention was neither taken in the sessions court nor in the..
The scheme of the Code is clear that as a general rule, as soon as the judgment is pronounced or order is made by a Court, it becomes functus officio (ceases to have control over the case) and has no power to review, override, alter or interfere with..
It is now a well-settled principle of law that this Court in exercise of its jurisdiction under Article 136 of the Constitution of India would ordinarily not interfere with the judgment of acquittal, if two views are possible...
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