According to a French proverb, the penalties are subjective and willfully; while issuing a verdict, the judges don't have to obey the law and they have the authority to apply the law as they wish. In the past and even in the late 18th century, in al ..
QUASHING OF FIR BECAUSE DISPUTE IS OF CIVIL NATURE: In Trilok Singh & Ors. Vs. Satya Deo Tripathi, AIR 1979 SC 850, the Hon'ble Supreme Court examined the similar case wherein the truck had been taken in possession by the Financer in terms of hir ..
An order issuing process for summoning the accused to face the trial is not an interlocutory order and Revision against such order is not barred by sub-section (2) of Section 397 Cr.P.C. Although the Hon'ble Apex Court has held in Adalat Prasad vs. ..
It is a settled legal position that at the stage of passing order under Section 203 or 204 Cr.P.C., only a prima facie case has to be seen and not whether the evidence as adduced is to result in conviction of the accused persons. In the case of Nirma ..
Section 319 Cr.P.C., which reads thus:- "319. Power to proceed against other persons appearing to be guilty of offence.- (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not bein ..
The scope of interference at the stage of investigation is no more res integra as it has been considered by the Hon'ble Supreme Court time and again. In Emperor Vs. Khwaja Nazir Ahmad, AIR 1945 PC 18, the Privy Council made the following observations ..
SCOPE OF INTERFERENCE UNDER ARTICLE 226 OF THE CONSTITUTION: The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embar ..
(Equal Opportunity Protection Of Rights And Full Participation) Act, 1995 And Role Of JudiciaryChapter - VI titled as Employment, Chapter - VII titled as Affirmative Action and Chapter - VIII titled as Non-Discrimination of this Act are relevant for ..
I was recently privileged by a fellow member who solicited my input on the Protection of Women from Domestic Violence Act 2005, to help with research. Below is a brief text of my humble response. My thoughts hereunder should not be interpreted as adv ..
The possibility of an impeachment motion against a Calcutta high court judge, Soumitra Sen, comes close on the heels of a slew of corruption charges against the judiciary. Last month, during a Supreme Courthearing of a case concern ..
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
