HC ORDER TO STOP IO TO ARREST-WRONG 482 & 438 CRPC Case Note: Criminal - No quashing of investigation - Restraining investigating agency - Not to arrest - Section 482 of Code of Criminal Procedure, 1973 and Sections 147, 148, 149 and 307 of Indian Penal Code, 1860 - FIR was registered for various offences […]
CERTIFICATE OF 65B COMPULSORY FOR ELECTRONIC EVIDENCE BUT OBJECTION NOT RAISED IN TRIAL COURT He placed reliance on Padman v. Hanwanta MANU/PR/0104/1915 : AIR 1915 PC 1 in which the Privy Council held that objections regarding admissibility of a document must be raised in the Trial Court. Mr. Sood contended that there can be two […]
SECTION 482 CRPC Under Section 482, all that the High Court is required to examine is whether its intervention is required for implementing orders under the Code of Criminal Procedure or for prevention of abuse of process, or otherwise to secure the ends of justice. A charge sheet filed at the dictate of somebody other […]
DEATH OF COMPLAINANT S. 256 CRPC Facts: Criminal complaint was filed by Complainant. The complaint was dismissed by the Magistrate vide order holding that prima facie case under Sections 420, 467, 468, 120B and 201 read with 34 of Code was not made out against the Accused. A criminal revision before the Additional Sessions Judge […]
FIR MANDATORY In view of the aforesaid discussion, we hold: (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. (ii) If the information received does not disclose a cognizable offence but indicates the […]
EX PARTE DECREE SETTING ASIDE Civil - Remand of matter - Challenged thereto - Present appeal filed against order wherein High Court remanded matter back for fresh consideration - Whether High Court justified remanding case to Trial Court Facts: The Appellants filed a suit against the Respondents for specific performance of the agreement for sale […]
LANDMARK JUDGMENTS OF THE SUPREME COURT OF INDIA Champakam Dorairajan State of Madras,1951 In this case caste based reservations were stuck down by the court, as against Article 16(2) of the Constitution. This case resulted in First Amendment of the Constitution of India. Nanavativ. State of Maharashtra, 1960 K.M. Nanavati, a naval Officer, who murdered his wife’s lover, Prem Ahuja. […]
CAPITAL PUNISHMENT Capital punishment (sometimes referred to as the death penalty) is the carrying out of a legal sentence of death as punishment for crime. Capital Punishment is the legally authorized killing of someone as punishment for a crime . It is often used interchangeably with the death penalty, as they mean essentially the same […]
TRIPLE TALAQ -By Harshita Jain (LLM, UGC NET) Triple Talaq is not mentioned in Quran: The concept of “triple Talaq in one sitting” or “Instant Talaq” is alien to the Quran. The misconception that issuing “so called Three Talaqs in one sitting” will terminate ”nikah” (marriage) and will result in irrevocable talaq is nothing but […]
SYLLABUS FOR AIBE XII
