We could only appreciate thoroughness of investigation, where every step was appropriately and punctually taken and all relevant processes were methodically documented. We find criticism against Legal Aid Counsel to be unfair. Manoj Pratap Singh was rightly convicted by Trial Court and his conviction has rightly been maintained by High Court. After final conclusion on […]Read more "Review of Death Penalty XXIX"
There was unrest and violence all across State of Gujarat… It is only because of Mr. Sanjiv Bhatt and Mr. Haren Pandya, who unabashedly claimed to be privy to utterances made, Court was required to move into action taking serious note of same. But, after thorough investigation by SIT, falsity of such claim has […]Read more "Abhorrent Godhra"
Learned Additional Solicitor General, Ms. Aishwarya Bhati submitted, testimony of Doctor-PW10 was a clincher and left no manner of doubt: EX. CT. Mahadev had made Nandan Deb kneel down and thereafter fired two shots directly at him. Doctrine of Right to Private Defence is founded on instinct of self-preservation. Buta Singh v. State of Punjab, […]Read more "Protective Gunshots"
‘KANGARO’ is being used by Plaintiffs and Defendants in respect of manufacture of various stationery products, staplers, hole punchers and other related goods. Disputes arose sometime in 1992. Since then, parties have been at loggerheads. Both parties have filed several trademark applications, as well as opposition proceedings, in various countries. We feel, it is just […]Read more "Kangaro"
Hon’ble Justice Anu Malhotra of Hon’ble High Court of Delhi, Ebera Nwanaforo v. Narcotics Control Bureau, [Bail Appln. No. 3705 of 2020] and Frank Vitus v. Narcotics Control Bureau, [Bail Application No. 4187 of 2020] decided on 31.05.2022. Directions in Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731 cannot be […]Read more "Bail For Narcotics"
Dharam Deo Yadav v. State of U.P., (2015) 5 SCC 509 discussed reliability of DNA evidence. Pantangi Balarama Venkata Ganesh, (2009) 14 SCC 607; Santosh Kumar Singh, (2010) 9 SCC 747; John David, (2011) 5 SCC 509; Krishan Kumar Malik, (2011) 7 SCC 130; Surendra Kohli, (2011) 4 SCC 80; Sandeep, (2012) 6 SCC 107; […]Read more "Science For Everyone: DNA V / Review of Death Penalty XXVIII"
For the offence under Section 63 of The Copyright Act, 1957 the punishment provided is imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine. Therefore, the maximum punishment which can be imposed would be 3 years. In view of consideration of Part III, First Schedule, CrPC – if […]Read more "Section 63 of The Copyright Act, 1957"
Original controversy emanates from an FIR, dated 27.12.1988, registered by Sub-Inspector of P.S. Kotwali of Patiala District, Punjab on basis of information about an occurrence around 12:30 PM at Battian Wala Chowk. In our view, some material aspects have been missed out at stage of sentencing. International Cricketer, Navjot Singh Sidhu was tall and well-built. […]Read more "Navjot Singh Sidhu"
A.G. Perarivalan is Accused No. 18 in Crime No. 329 of 1991 registered at Sriperumbudur Police Station for assassination of Shri Rajeev Gandhi, Former Prime Minister of India, on 21.05.1991. Death Sentence was commuted to Life Imprisonment by this Court on 18.02.2014 By following Samsher Singh v. State of Punjab, (1974) 2 SCC 831 constitutional […]Read more "Pardon Jurisprudence II / The Revival of Ray LXXXVI"
For awarding termination of natural life, a careful scrutiny is required. In short, ‘crime test’ and ‘criminal test’ required to be followed before awarding Capital Sentence, did not gather required attention of Trial Court as also High Court. It is true, all murders are inhuman. For imposing Capital Sentence, crime must be uncommon in nature […]Read more "Review of Death Penalty XXVII"
What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]Read more "Conjugal Expectation of Lord Hale’s Ghost"
Ld. Counsel appearing for Plaintiffs [Hero Electric Vehicles Private Limited and M/s. V.R. Holdings] submits, domain name of Defendants [Guddu Ansari and M/s. Hero Electro] – http://www.heroelectro.in – is almost identical to domain name of Plaintiffs – http://www.heroelectric.in. A comparative table is set out herein below: Defendant Nos. 1 & 2 have set up http://www.heroelectro.in […]Read more "Domain Name II"
Atbir, accused of causing death of his Step-Mother, Step-Brother and Step-Sister by multiple knife-blows, was charged of offence under Section 302 of The Indian Penal Code, 1860. Additional Sessions Judge, on 27/09/2004, awarded a Death Sentence, confirmed by High Court of Delhi on 13/01/2006. SC, on 09/08/2010, found it to be a case falling in […]Read more "Furlough II"
On receiving an intelligence input, Directorate of Revenue Intelligence had intercepted a Pakistan Flag Ship, ‘Al Madina’, in Indian territorial waters on 21/05/2019. Narcotics were being clandestinely brought into Gujarat from Pakistan. During interrogation, Captain stated, delivery had to be made at a particular position on sea for which a communication was to be sent […]Read more "104 Kilograms of Sea Gold"
State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]Read more "Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II"
Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala […]Read more "Political Vendetta"
Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]Read more "Disciplinary Proceedings VIII"
Dr. Harish Kumar Khurana v. Joginder, (2021) 10 SCC 291 held, hospital and doctors are required to exercise sufficient care in treating patients in all circumstances. However, in an unfortunate case, death may occur. It is necessary, sufficient material on medical evidence is available to conclude: death is due to medical negligence. A medical practitioner […]Read more "Medical Negligence and Consumer Law III"
Having regard to circumstances, preceding and following deceased being last seen together with accused, Court has no hesitation in holding, prosecution had proved beyond reasonable doubt all circumstances, so conclusive as to rule out possibility of any other hypothesis except guilt. We deem it proper to commute Death Sentence to Life Imprisonment. The only […]Read more "Review of Death Penalty XXVI"
M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]Read more "Disciplinary Proceedings VII"