Compoundable

Analyzing decisions [Biswabahan Das v. Gopen Chandra Hazarika, AIR 1967 SC 895; Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288], it is evident, legislative sanction for compounding of offences is based upon two contrasting principles: first, private parties should be allowed to settle a dispute between them at any stage (with or without […]

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Cancellation of Bail

Section 389(1), CrPC allows Court to release a convicted person on bail. The factors that govern grant of suspension of sentence under Section 389(1) have been discussed by this Court in Atul Tripathi v. State of U.P., (2014) 9 SCC 177. Ramji Prasad v. Rattan Kumar Jaiswal, (2002) 9 SCC 366 observed, in cases involving […]

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Section 482 of The Code of Criminal Procedure, 1973 V / Supremacy of Ballot v. Authority of Police

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315 reiterates the parameters laid down in the celebrated decision of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Seven Principles enunciated in Paragraph 102 of Bhajan Lal [Two-­Member Bench] are actually quoted with approval in Neeharika [Three-M­ember Bench]. Paragraph […]

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Section 364A, Indian Penal Code

The first essential condition as incorporated in Section 364A is: “whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction.” The second condition begins with conjunction ‘and’. The second condition has also two parts, i.e., (a) threatens to cause death or hurt to such person or (b) by […]

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Framed Terrorist

Although for me the idea of going to Pakistan was an exciting one it was not at all something out of the ordinary for the people in our neighborhood. It was a bright day in November when I set off to get my Passport and Visa from the Pakistan High Commission. I was accosted by […]

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Extraditable Fugitives III

Iqbal Mohammed Memon alias Iqbal Mirchi was arrested in April 1995 and was discharged in September 1995 by Bow Street Magistrates’ Court [Magistrate Jeremy Connor]. The order was non-appealable. An extradition case dismissed before a proper trial shows an astonishing level of non-application of mind… Mirchi’s career, much like Dawood’s, started from tough and grimy […]

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Extraditable Fugitives II

Danish Khan & Ruhi Khan, Escaped, (Penguin, 2021) is beautifully detailed. The number of facts cited must be appreciated. It doesn’t matter whether the story is on Vijay Mallya or successful extradition of Hansie Cronje times Sanjeev Chawla or forgotten excuses of Raymond Varley who brought Goa to disrepute. Each one will educate. Excerpt follows. […]

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Exaggeration

There is no bar on High Court’s power to re­appreciate evidence against acquittal [Sangappa v. State of Karnataka, (2010) 3 SCC 686]. Cambridge Dictionary defines ‘exaggeration’ as “fact of making something larger, more important, better or worse than it really is.” Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions.” These expressions […]

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Intersectionality

K. Crenshaw has been credited for coining the term ‘intersectionality’. “Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Similarly, if a […]

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Same Transaction

Courts continue to struggle with the humongous pendency under Section 138 of The Negotiable Instruments Act, 1881. Offences that are committed as part of the same transaction can be tried jointly as per Section 220 of The Code of Criminal Procedure, 1973. What is meant by ‘same transaction’ is not defined. Indeed, it would always […]

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Section 42 of The NDPS Act

The evidence clearly shows, GUD-4997 was not a public conveyance. A private vehicle would not come within the expression ‘public place’ as explained in Section 43. The case would come under Section 42. It is an admitted position, there was total non-compliance of the requirements of Section 42. Karnail Singh v. State of Haryana, (2009) […]

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Contracts of Insurance II

Aman Bangia completely damaged one Porsche, DL-1CJ-3577, at 02:25 AM on 22.12.2007. It is indisputable, he smelt of alcohol. There is no evidence of recording the exact nature of alcoholic drink which was consumed and there is also no material as to the quantity consumed. We cannot resist recording our disquiet at the conduct of […]

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1 Kilogram of Heroin

It is four times more than the minimum of ‘commercial quantity’. Courts may take into account “such factors as it may deem fit” [Rafiq Qureshi v. Narcotic Control Bureau, Eastern Zonal Unit, (2019) 6 SCC 492]. Quantity of substance would fall into “such factors as it may deem fit”. Gurdev cannot be said to be […]

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Charles, Charles Sobhraj

Charles Sobhraj was arrested on 06.07.1976. Ever since he was lodged in Tihar Central Jail he was put in bar fetters and the fetters were retained continuously. “The sorrows of Sobhraj cannot be appreciated nor his constitutional claims evaluated without a fuller account of the bar fetter chapter of his jail life. I hold, bar […]

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Civil Sheep & Criminal Wolf

A reading [State of Assam v. Ranga Mahammad, (1967) 1 SCR 454; Jagdish Chander Gupta v. Kajaria Traders (India) Ltd., (1964) 8 SCR 50; Rajasthan State Electricity Board v. Mohan Lal, (1967) 3 SCR 377; CBI v. Braj Bhushan Prasad, (2001) 9 SCC 432; Godfrey Phillips India Ltd. v. State of U.P., (2005) 2 SCC […]

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The Proof of Valid Wills III

“Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man for the representation is in some sort identified by the law with him who he represents.” In Chiranjilal Shrilal Goenka, (1993) 2 SCC 507 the primary question arose, whether an Arbitrator appointed by Court, by consent of parties, […]

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Compensatory Jurisprudence of Constitutional Courts XI : Custodial Violence

We may refer to Division Bench Judgment of Nagpur High Court reported in Bipin Singh Choudhary, AIR 1945 Nagpur, Oudh, Peshawar & Sind 104 where Division Bench consisted of Justice Vivian Bose. The ratio is, in event people holding public office abuse their position, it becomes a matter of great public concern. We fully endorse […]

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