Law Web16h
Supreme Court: The merits of the case cannot be considered while dealing with the application for condonation of delay in filing the appeal.
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if ...
Law Web16h
Supreme Court: Under which circumstances prosecution case can not be dismissed for non examination of independent witnesses
28. Next, in order to impeach the oral evidence of P.W. 3, P.W. 4 and P.W. 5, the Appellants asserted that there is no testimony of any independent witness, despite the place of crime as per the case ...
Law Web19h
Supreme Court: Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation
There are cases where clean acquittal is granted by the criminal courts to the Accused after very long incarceration as an under trial. When we say clean acquittal, we are excluding the cases where ...
Law Web16h
Whether the court can convict accused U/S 302 R/W S 34 of IPC if he was charged U/S 302 R/W S 149 of IPC?
23. In paragraph 17 of the decision of this Court in Chandra Pratap Singh v. State of M.P. MANU/SC/1100/2023 : 2023:INSC:887 : (2023) 10 SCC 181, while dealing with conversion of charge from Section ...
Law Web16h
Whether convict can challenge conviction on the ground of conversion of charge if he fails to prove Failure Of Justice?
26. Also, it is beyond any cavil of doubt that the burden to show that in fact a failure of justice has been occasioned is on the Accused. The decision in State of Uttar Pradesh v. Paras Nath Singh ...
Law Web23h
Kerala High Court Elucidates 'Organized Crime' punishable U/S 111(1) Bharatiya Nyaya Sanhita (BNS), 2023 : A Comprehensive Analysis
Muhammad Rasheed Vs. State of Kerala Decided On: 13.08.2024, the High Court of Kerala has provided crucial clarification on the interpretation of 'organized crime' under the newly enacted Bharatiya ...