Law Web20h
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 Web21h
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 Web21h
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 Web21h
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 ...