High Court must set forth its reasons, indicating at least in brief, an application of mind to nature of evidence and findings which have been arrived at. Not doing so, is not consistent with the duty which is cast upon High Court while determing whether leave should be granted to appeal against order of acquittal. […]
Remission policies may be composite ones referable both to S. 432/S. 433 CrPC and Art. 161 of the Constitution. Remission power exercisable under a particular remission policy whether would be one exercisable: (A) under S. 432/S. 433 CrPC, and/or (B) under Art. 161 of the Constitution, inter alia, depends on: the terms of the remission
When a person is preventively detained Arts. 21 & 22 are attracted and not Art. 19. Hence, to tear observations made in Madhu Limaye case out of context would be fraught with danger when it comes to liberty of person under Art. 21. Hence, contention that liberal meaning must be given to the expression “public
Grant of, by High Court under S. 482: It is permissible for High Court to pass an interim order under S. 482 CrPC of the nature impugned herein, in exceptional cases with caution and circumspection, giving at least brief reasons. What is not permissible is the tendency of the courts to pass blanket, cryptic, laconic, non-speaking
Cancellation of appointment due to absence of honorable acquittal from crime of violence, held, justified in this case. [State of Rajasthan v. Mohd. Saleem, (2021) 8 SCC 782]
Service Law — Antecedents/Character for Appointment of Police Read More »
Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court committed grave error in quashing charge sheet / entire criminal proceedings as there is ample material to show at least a prima facie case against the
Criminal Procedure Code, 1973 — S. 482 and Ss. 227 & 228 — Quashment Read More »
In the instant case, when High Court quashed criminal proceedings, the IO had after doing the investigation and collecting the evidence, had filed the charge sheet before Magistrate for offences under Ss 147,148, 149, 406, 329 and 386 IPC and even Magistrate took the cognizance of the same. High court lost sight of crucial aspects
Criminal Procedure Code, 1973 — S. 482 — Quashment application Read More »
Held, unequals are being treated equally in that no differentiation is made by the third proviso between the assessees who are responsible for delaying the proceedings and assessees who are not so responsible- since the objective was automatic vacation of stay granted on the completion of 365 days whether or not the assessee is responsible
Ex gratia monetary compensation to families of deceased who have succumbed to pandemic of COVID-19: Word “shall” used in S. 12, held, cannot be interpreted and considered as “may”. It is mandatory for National Authority to recommend guidelines for minimum standards of relief to be provided to persons affected by disasters including ex gratia assistance
This is evident from the answers given to the questionnaire by the managing Trustee of the Trust showing that the donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash. Cancellation of registration under S. 12-AA as charitable trust and approval granted under
Income Tax Act, 1961 — Ss. 12-AA and 80-G Read More »
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