“In the present case, we find neither the chain of circumstances to have been completely established nor the guilt of the accused alone, having committed the crime to be proven, much less beyond reasonable doubt. This Court has stated essential conditions that must be fulfilled before an accused can be convicted in a case revolving around […]
Penal Code, 1860 — Ss. 302, 201 and 34 — Circumstantial evidence Read More »
The issue in the first suit was limited only as to whether the respondent-plaintiff has a right to construct the latrine in the passage. The issue as to whether the respondent-plaintiff was exclusively entitled to possession thereof did not fall for consideration in the earlier round, whereas in the third round, the said issue directly
Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability Read More »
Writ petition maintainable on the ground that earlier judgment does not lay down the correct law-though the concept of finality of judgment has to be preserved, at the same time, the principle of ex debito justitiae cannot be given a go-bye. If the Court finds that the earlier judgment does not lay down a correct
Instant case was filed to direct the government to find out original names of ‘ancient historical cultural religious places’, named after barbaric foreign invaders and publish the initial names of ancient historical cultural religious places, which were renamed by barbaric foreign invaders. It was stated that the country is celebrating the 75th Anniversary of Independence
Constitution of India — Articles 21, 25 and 29 of the Constitution Read More »
Victim has a fundamental right of fair investigation and fair trial. Therefore, mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant. Suffice it to say that at the relevant time when the State police agency
Constitution of India — Arts. 226, 136 and 32 — Investigation by CBI Read More »
Principles for imposition of death sentence, surveyed in detail. Practical guidelines framed for collection/collation of mitigating circumstances. This court in Bachan Singh had warned against categorising cases.96 Rejecting the contention that standards and guidelines should be laid down, it was noted in Bachan Singh that degree of culpability cannot be measured, and aggravating and mitigating
Penal Code, 1860 — S. 302 — Death sentence Read More »
It so happened that before the seven days police custody is over and before the CBI exercises the power of interrogation for full seven days which as per the order passed by the learned Special Judge was available to the CBI, the respondent-accused got himself hospitalised on 18.04.2021. On 21.04.2021, the learned Special Judge granted
Principles clarified relating to permissibility of cancellation of default bail on merits after submission of charge-sheet. Held, From the above, the law, which emerges is that mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person,
Principles summarized relating to duty of court after insertion of S. 313(5) which enables court to take assistance of Public Prosecutor and defence counsel. What follows from these authorities may briefly be summarized thus: section 313, Cr. P.C. [clause (b) of sub-section 1] is a valuable safeguard in the trial process for the accused to
Principles clarified relating to effect of determination of juvenility after conviction at stage of appeal, on status of trial, conviction and sentence recorded by trial court and appellate court. The appeal preferred by the appellant was dismissed by the High Court and the death reference forwarded by the Trial Court was affirmed, During the pendency
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