Code of Criminal Procedure 1973 – Section 319 – Power to proceed against other persons appearing to be guilty of offence – Section 319 Cr.P.C allows the Court to proceed against any person who is not an accused but it appears from evidence that such person has committed any offence for which such […]
Service Law – Constitution of India – Arts. 14 & 16 – Retrospective Promotion to a particular group – Held, Even if the Rules enable the State to make retrospective promotion, such promotion cannot be granted at the cost of some other group – the promotees can get promotion from […]
Whether the High Court, while dismissing the second appeal filed by the plaintiff (original respondent) being devoid of merit and despite upholding the concurrent finding of fact recorded by two Courts below on the factum of ownership of the land, was justified in making an observation which has the potential […]
Constitution of India, 1950 -Article 25(1) – Every citizen has the right to freely profess, practise and propagate any religion which cannot be trampled upon by subversive forces or religious outfits.
The Delhi High Court answering a reference in Dayawati Vs. Yogesh Kumar Gosain held that it is legal to refer a criminal compoundable case as one under Section 138 of the NI Act to mediation.
The Delhi High Court on Tuesday 17 October 2017 in Dayawati Vs. Yogesh Kumar Gosain [Delhi High Court, 17-10-2017] held that “the settlement reached in mediation arising out of a criminal case does not tantamount to a decree by a civil court and cannot be executed in a civil court.” […]
Prevention of Corruption Act, 1988 – S. 8 – Penal Code, 1860 – Ss. 120B, 420 & 471 – A charge against a person can be framed if the Court forms an opinion that the accused might have committed the offence. For the conviction of an accused, the Court has to […]
Penal Code, 1860 – Ss. 302, 201, 376A, 377, 392 r/w. 411 – Criminal Procedure Code, 1973 – Section 216 – Framing Additional / Alternate Charge – the offence under Section 300 of the IPC cannot be said to be a minor offence in relation to the offence under Section 376A of the IPC.
Negotiable Instrument Act, 1881 – S. 138 – Mediation Settlement – What is the legality of referral of a criminal compoundable case to mediation? Held, It is legal to refer a criminal compoundable case as one under Section 138 of the NI Act to mediation.
Trial Judge cannot act like a maths teacher who is solving a mathematical question by analogy after taking certain figure for granted. In all criminal trials, analogies must be drawn and confined within the domain and realm of the evidence, facts and circumstances on record and any analogy which brings […]