Validity of test identification parade (TIP), determined. If identification in the TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of TIP inadmissible, even an identification in a court during trial is meaningless (Shaikh Umar Ahmed Shaikh and Anr. v. State of Maharashtra 29). Even a […]
Evidence Act, 1872 — S. 9 — Test identification parade (TIP) Read More »
Plea of “legal privilege” under S. 129, for non-disclosure of documents/opinions to the accused is untenable, where such documents/opinions form basis for initiating criminal prosecution. Held, SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part and such selective disclosure cannot be countenanced
Evidence Act, 1872 — Ss. 126 to 129: Plea of “legal privilege” under S. 129 Read More »
Ratio of Neeharika, (2021) 19 SCC 401, clarified and reiterated, that grant of any stay of investigation and/or any interim relief while exercising powers under S. 482 CrPC/Art. 226 of the Constitution is permissible only in the rarest of rare cases. Para 10. Despite the earlier judgment and order passed by the Supreme Court, again,
No sufficient cause of delay, only lethargy on part of Revenue Department is no more acceptable for condoning delay in such an age of computerisation. Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could
Though opinion of CVC is only advisory, it is nevertheless a valuable input in the decision-making process of the appointing authority. However, the final decision of the appointing authority must be of its own, by application of independent mind. Held, we have examined the correspondence and the long-drawn communications between the CBI, the DoPT, and
Prevention of Corruption Act, 1988 — S. 19 — Sanction for prosecution Read More »
No sufficient cause shown: Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could be done because highest Court has dismissed appeal. Such practice and process has already been deprecated by Supreme Court and it
The expression “domestic relationship” is a comprehensive one-Hence, every woman in a domestic relationship in whatever manner the said relationship may be founded, has a right to reside in a shared household, whether or not she has any right, title or beneficial interest in the same. Thus, for instance, a daughter, sister, wife, mother, grandmother
Considering S. 390 CrPC, the appellate court in an appeal against acquittal may/can even suspend the order of acquittal/discharge passed by the appellate court and, therefore, Supreme Court can suspend the judgment and order passed by High Court acquitting/discharging the accused. Section 45 in The Unlawful Activities (Prevention) Act, 1967 states –“No court shall take
Grant of such relief is discretionary in nature. Requirements for exercise of such power, namely: specific, clear and categorical admission of facts and documents on record are necessary. Power under Or. 12 R. 6, held, is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record,
The mistakes committed by the High Court were manifold. First, the High Court framed a question which was actually a question of fact which involved appreciation of evidence and not a substantial question of law. As a consequence, the answer given by the High Court was only a finding of fact. Next, the High Court
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