Criminal Procedure Code
Necessity of Stamping of Arbitration Agreements: Is the Conundrum Solved?
by Swarnendu Chatterjee† and Megha Saha††
‘Failure to put material circumstances before accused amounts to serious irregularity’; Supreme Court set aside conviction in 27-year-old murder case
Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.
Delhi High Court sets aside the cost imposed on CBI and expunges remarks made against the authority in a judicial order
The duty of the Court has been tried to be delegated to the prosecuting agency in the present case.
Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court
The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
2023 SCC Vol. 4 Part 2
CCS (Pension) Rules, 1972 — R. 54(14)(b) — Family pension: Although Hindu Adoptions and Maintenance Act entitles widow of a government servant
Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case
Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.
2023 SCC Vol. 3 Part 2
Criminal Procedure Code, 1973 — S. 427 — Consecutive or concurrent running of sentences: Normal rule is that such subsequent sentence shall
Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC
The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.
Trial in Absentia: A Necessary Evil?
by Anupama Arigala†
High Court January 2023| Revisiting bundle of stories on Live-in relationships; Motor Accident Claims; Trademarks; Yashraj Copyright’s case; Toxic work culture; Medical termination of pregnancy and more
The High Court Roundup brings a curated list of the top stories of the month to ensure that our readers do not miss out any important updates. This month’s roundup covers the stories Live-in relationships; Motor Accident Claims; medical treatment of HIV positive person; Trademarks; Yashraj Copy Rights case; problem of toxic work culture; termination of pregnancy of rape victims; Sexism not accessible, no means no; allowing Sikhs to carry Kirpans on flights….
Evidence can be appreciated best only when it is recorded in the language of the witness: Supreme Court
The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.
‘Reason to arrest after four years, not spelt out in the arrest memos’; Bombay High Court grants interim bail to Chanda Kochhar and husband Deepak Kochhar
The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.
2023 SCC Vol. 1 Part 1
Arbitration and Conciliation Act, 1996 — S. 33 — Power of modification of award under — Scope of: Award can be modified
2022 SCC Vol. 10 Part 5
Criminal Procedure Code, 1973 — Ss. 437 to 439 — Bail applications: If more than one bail application is filed
Undertrial prisoners cannot be detained in custody for an indefinite period: Delhi High Court
The Delhi High Court while granting bail to a man accused of cheating held that undertrial prisoners cannot be placed in custody for indefinite periods of time when a speedy trial does not appear to be a possibility.
‘Offering pen, book while following her regularly was done to groom the child for his sexual intent’; Bombay Court convicts the man under POCSO
The Court observed that there is an increase in the cases of sexual offenses against the child. The child sexual abuse cases demonstrate the inhumane mindset of the accused. There is an adverse impact of the incident on the victim, on her family members, and even on society.
No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
