Disciplinary Proceedings III

Pravin Kumar (‘Kumar’) joined the Central Industrial Security Force in January, 1995 as a Sub-Inspector. Eventually, he was deployed in the Crime and Intelligence Wing. As evidenced, Kumar was specifically entrusted with conducting surprise searches and taking strict action against anyone indulging in corruption. On 28.02.1999, Constable Ram Avtar Sharma (‘Sharma’) was commuting in a […]

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Disciplinary Proceedings II

Muthukumar is said to be the kingpin involved in this crime and is absconding. Ashoo appears to be a victim of Muthukumar’s plot. The standard of proof in a departmental proceeding, being based on preponderance of probability, is somewhat lower than the standard of proof in a criminal proceeding where the case has to be […]

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Consortium II

“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down that, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards […]

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The Importance of Being Earnest III

“The matter relates to the unnatural death of Actor, Sushant Singh Rajput on 14.6.2020. He was in a live-in relationship with Rhea. But, on 8.6.2020, Rhea shifted to her own residence… The legal process must be focused upon revelation of the correct facts through credible and legally acceptable investigation. It must be determined whether the […]

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No Reservations, Lebanon

A. “West German Consul said, he had received information that, similar charges had been made against Hans Muller in Lebanon and in Egypt.” – Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta, AIR 1955 SC 367. B. “On 15-9-1963, he left Delhi for Beirut under the name Donze Jean Claude, a French national. It […]

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The Whiff of Money

In Hindi-movies, there are quite a few library-scenes and scenes of a character reading. One may consider, When Eight Bells Toll (Alistair MacLean) in Aradhana (1969, dir. Shakti Samanta); You’ll Never Eat Lunch In This Town Again (Julia Phillips) in Khel (1992, dir. Rakesh Roshan); The Celestine Prophecy (James Redfield) in Dil To Pagal Hai […]

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The Revival of Ray XLVIII

We may recall the Constitution Bench Judgment of this Court in Additional District Magistrate, Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521 where Majority of the Judges had taken the view that after proclamation of Emergency under Article 352, no proceedings can be initiated for enforcement of right under Article 21. Justice A.N. Ray, C.J., […]

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The Questionable Murder

“The case hinges entirely on circumstantial evidence. The cause of death was found to be shock and hemorrhage due to excessive bleeding caused by multiple wounds. It cannot be disputed that the death was homicidal and it was caused with the intent to commit murder. The circumstances may indicate that the theft and murder must […]

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The Proof of Valid Wills II

A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely the ‘fantasy of the doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009]. An individual factor may not be decisive. If after taking all the factors together, conscience of the Court is not satisfied […]

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First Information Report II

Broadcasts on Republic TV on 16.04.2020 and R Bharat on 21.04.2020, in relation to an incident at Gadchinchle [Palgarh, Maharashtra], led to the lodging of multiple First Information Reports against Arnab Ranjan Goswami. The broadcast is the foundation of the allegation that offences have been committed. To allow a journalist to be subjected to the […]

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Review of Death Penalty XIX

“Ravishankar v. State of Madhya Pradesh, (2019) 9 SCC 689 held that, “This Court has increasingly become cognizant of ‘residual doubt’ in many recent cases which effectively create a higher standard of proof over and above the ‘beyond reasonable doubt’ standard used at the stage of conviction, as a safeguard against routine Capital Sentencing, keeping […]

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The Problem of Drug Addicts

“The problem of drug addicts is international and the mafia is working throughout the world. It is a crime against the society and it has to be dealt with iron hands. Use of drugs by the young people in India has increased. The drugs are being used for weakening of the nation. The view, in […]

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The Confession

Raja and 13 others enrolled themselves in ‘Tamilar Pasarai’ to blast ‘Namakkal Kavignar Maligai’. “The law of confession is embodied in Sections 24 to 30 of The Indian Evidence Act, 1872. It is well­-settled that a confession which is not free from doubt about its voluntariness, is not admissible in evidence. A confession caused by […]

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Celebratory Gunshots

On 21.04.2007, around 5:30 PM, as soon as the marriage procession reached the courtyard, Bhagwan Singh fired celebratory gunshots from a licensed gun. The pellets struck 5; 2 succumbed to their injuries. The shots were fired towards the roof and were not aimed at any of the victims. Trial Court as well as the High […]

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My Precious Bitcoin

  My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with […]

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