Review of Death Penalty XXXVI

Prakash Nishad was charged for having committed offences punishable under Sections 376, 377, 302 and 201 of The Indian Penal Code, 1860. Trial Court convicted in connection with all offences and imposed Capital Punishment. High Court affirmed. We may point out, it is a case of circumstantial evidence. There are yawning gaps, numerous lapses. Court […]

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Contracts of Insurance VI

Vedic Resorts and Hotel Pvt. Ltd., at West Bengal, had obtained insurance policies. A mob of 200-250, in August, 2009, damaged insured property. During course of investigation it was revealed, Gaffar Mollah after firing and throwing bombs at a Football Match, upon being chased, took shelter in Vedic Resorts. It was submitted, Vedic Resorts had […]

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Default Bail IV

At around 04:50 AM on 02.06.2019, vehicles passing through Harsh Cheena were being checked. 2 boys, travelling on a motorcycle without a number plate, on being asked to stop, fled away. A blue coloured bag fell down. 2 hand grenades were recovered.   By virtue of Section 43D of The Unlawful Activities (Prevention) Act, 1967 […]

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Further Investigation

Hasanbhai Valibhai Qureshi v. State of Gujarat, (2004) 5 SCC 347 observed, mere fact of further delay in concluding trial should not stand in way of ‘further investigation’ if it would help Court do real and substantial and effective justice. Rama Chaudhary v. State of Bihar, (2009) 6 SCC 346 held, ‘further investigation’ is continuation […]

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Fixed Term Sentences II

Vikas Chaudhary, when merely 18-19, kidnapped for ransom and killed. His grievance is with imposition of a fixed term sentence, without remission, by Trial Court. He is currently about 37-38. Learned Senior Counsel, Ms. Meenakshi Arora placed strong emphasis on Union of India v. Sriharan, (2016) 7 SCC 1 which categorically held, it was outside […]

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Principle of Parity III

In cases where illegible documents have been supplied, a grave prejudice is caused since no man can defend himself against an unknown threat. It has been brought to our notice, co-detenue, Neeraj Varshney, has already been granted relief on grounds of illegible Chinese documents. The principle of parity is squarely applicable. In cases of preventive […]

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Default Bail III

A date of remand is to be included for considering a claim for default bail, when computing 60/90 day period as contemplated in proviso (a) of Section 167(2), CrPC. Some favoured exclusion while a contrary view is taken in other cases. State of M.P. v. Rustam, 1995 (Supp) 3 SCC 221 ignored binding precedent of […]

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Section 37 of The NDPS Act III

Court expressed in Shaheen Welfare Association v. Union of India, (2009) 2 SCC 281 when stringent provisions are enacted, curtailing provisions of bail and restricting judicial discretion, investigation and trials would be concluded swiftly. Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51 considered correct approach towards bail, with respect to several […]

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Review of Death Penalty XXXIV

Anvar, (2014) 10 SCC 472 as clarified in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 is law declared on Section 65B of The Indian Evidence Act, 1872. We deem it appropriate to eschew electronic evidence. It is clear, there is no reason to doubt guilt. Even though Sundar has committed a ghastly crime, there is possibility of […]

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Extra Judicial Confessions III

Umesh Chowdhary, on 01.10.2003, was allegedly murdered by Pradeep Kumar. Suspicion, howsoever grave or probable it may be, cannot substitute evidence. Normally, we do not interfere with concurrent findings of fact of Courts below. We step in only in exceptional cases or where gross errors are committed, overlooking crying circumstances and well established principles of […]

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SC Resolves Conflict Between NI Act & IBC

Rainbow Papers Limited sought loans from Tourism Finance Corporation of India Limited and issued post-dated cheques which stood dishonoured. Criminal Complaint was filed before Chief Metropolitan Magistrate, Saket Courts, New Delhi. Neeraj Paper Agencies Limited requested initiation of Corporate Insolvency Resolution Process against Rainbow Papers Limited. The scope of nature of proceedings are quite different. […]

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Drugs & Cosmetics

It was permissible for Registered Medical Practitioner-S. Athilakshmi to practice medicine when not performing her duty as an Associate Professor and Head of Dermatology Department in Government Omandurar Medical College, Chennai. Drugs Inspector sought to prosecute S. Athilakshmi under Section 18(c) of The Drugs and Cosmetics Act, 1940. S. Athilakshmi had not ‘stocked’ medicines for […]

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The Proof of Valid Wills V

The presumption under Section 90 of The Evidence Act, 1872 is inapplicable when it comes to proof of Wills which have to be proved in terms of Sections 63(c) of The Succession Act, 1925 and Section 68 of The Evidence Act, 1872 [M.B. Ramesh v. K.M. Veeraje Urs, (2013) 7 SCC 490]. There are often […]

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Run, D.K. Bose

‘College Romance’, Season 01, Episode 05 titled ‘Happily Fucked Up’ was published and broadcasted on YouTube on 06.09.2018. Court found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’. The words used cannot even be reproduced here. Depiction does not connote filming alone but conveying by a medium, which in this case is spoken […]

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Review of Death Penalty XXXIII

Division Bench of High Court of Madhya Pradesh affirmed Death Sentence awarded by Trial Court. We do not find any reason to doubt correctness of birth certificate. Appellant is held to be less than 16 years and, therefore, maximum punishment could be upto 3 years. His incarceration beyond 3 years would be illegal and, therefore, […]

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