Retrial

It emerges from decisions, Appellate Court may direct a retrial only in ‘exceptional’ circumstances to avert a miscarriage of justice; mere lapses in investigation are not sufficient to warrant a direction for retrial; only if lapses are so grave so as to prejudice, can a retrial be directed; determination of whether a ‘shoddy’ investigation/trial has […]

Lalita Kumari III

Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 was analyzed by a Three-Judge Bench in Yashwant Sinha v. CBI, (2020) 2 SCC 338. Two-Judge Bench in State of Telangana v. Managipet, (2019) 19 SCC 87 noted, while Lalita Kumari held a preliminary enquiry was desirable in cases of alleged corruption, that does not […]

Section 141, The NI Act II

In light of S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 in addition to asserting Directors are in-charge and responsible for conduct of business, if statutory compliance of Section 141 has been made, it is not open for High Courts to interfere under Section 482, CrPC unless it comes across some unimpeachable, incontrovertible evidence […]

Crusader’s Jurisprudence / The Revival of Ray LXXIII

High Court’s conduct in not furnishing reasons is strongly deprecated. Reliance on Balaji Baliram Mupade v. State of Maharashtra, AIR 2020 SC 5758; Oriental Insurance Co. Ltd. v. Zaixhu Xie, (2020) SCC OnLine SC 1145 and Sudipta Chakrobarty v. Ranaghat S.D. Hospital, AIR 2021 SC 3344 is warranted. + There is no doubt, Public Interest […]

Nature’s Gifts

Suresh Lohiya v. State of Maharashtra, (1996) 10 SCC 397 struck a ‘discordant note’, drawing a distinction between ‘nature’s gifts’ such as charcoal, mahua flowers or minerals and articles produced with aid of human labour which, according to it, was not included in ‘forest produce’ under The Kerala Forest Act, 1961. Suresh Lohiya did not […]

Suitability of Candidate III / Honourable Acquittal II

Sessions Court acquitted Methu Meda from charge of kidnapping for ransom. Methu Meda applied for post of Constable in Central Industrial Security Force and got selected through Staff Selection Commission. A mere disclosure of offences alleged and result of trial is not sufficient. In said situation, appointment cannot be compelled. The expression ‘honourable acquittal’ […]

Contracts of Insurance III

Sushil, on 28.07.2011, went to Jodhpur, for business purposes, in one Bolero [Temporary Registration No. PB-11-T-5101 from 20.06.2011 to 19.07.2011]. Sushil stayed at Geeta Guest House and found next morning, his Bolero had been stolen. There is nothing on record to suggest, Sushil had applied for registration or was awaiting registration. Narinder Singh v. New […]

Compoundable II

True it is, offences which are ‘non-compoundable’ cannot be compounded by a Criminal Court in purported exercise of its powers under Section 320, CrPC. Any such attempt by Court would amount to alteration, addition and modification of Section 320, CrPC. There is no patent or latent ambiguity in language of Section 320 CrPC, which may […]

Section 37 of The NDPS Act II

Union of India v. Shiv Shanker Kesari, (2007) 7 SCC 798 observed, bail may be cancelled if it has been granted without adhering to parameters under Section 37. Given seriousness of offences punishable and in order to curb menace of drug-trafficking, stringent parameters for grant of bail have been prescribed. Union of India v. Prateek […]

Compensatory Jurisprudence of Constitutional Courts XII

Krishan Pal Singh was appointed as Clerk-cum-Cashier in Allahabad Bank on 23.09.1985 and his service was confirmed on 24.03.1986. During 1989, he was posted in Aurangabad Branch, District Lakhimpur Kheri, Uttar Pradesh. On 08.02.1989, there was a fire accident. Balak Ram, prime accused, was Krishan’s friend. Alleging involvement in incident relating to burning of Allahabad […]

Moral Turpitude III

The employer terminated services on non-disclosure of pending criminal case. B. Chinnam Naidu, (2005) 2 SCC 746 observed, when a candidate suppresses material information and/or gives false information, he cannot claim any right for appointment or continuance in service. Daya Shankar Yadav, (2010) 14 SCC 103 observed, purpose of seeking information with respect to antecedents […]

Likely

The question has engaged attention since the enactment of IPC. The use of the term ‘likely’ in several places in respect of ‘culpable homicide’, highlights the element of uncertainty. Section 300, which defines ‘murder’, however refrains from use of the term ‘likely’. This reveals absence of ambiguity left. The accused is for sure, his act […]

Section 106 of The Indian Evidence Act

Section 106 constitutes an exception to Section 101 of The Indian Evidence Act, 1872. Shambu Nath Mehra v. State of Ajmer, (1956) 1 SCR 199 has stood the test of time. Thus, Section 106 will apply to those cases where prosecution has succeeded in establishing facts from which a reasonable inference can be drawn regarding […]

Blood of Human Origin II

Majority of a Constitution Bench in Raghav Prapanna Tripathi v. State Of Uttar Pradesh, AIR 1963 SC 74 held, it would be far-fetched to conclude from mere presence of blood-stained earth that that earth was stained with human blood and that human blood was of victims. Also see, Two-Judge Benches in Kansa Behera v. State […]

Monstrosity of Winnability II

The nation continues to wait, and is losing patience. A political party can always give a reason, a candidate with criminal antecedents is found to be more suitable than a person who does not have criminal antecedents. If the political party is of the prima facie opinion, a candidate has been falsely implicated, it can […]

Red Herrings

Recently, Hon’ble Justice Prathiba M. Singh of Delhi High Court in Sulphur Mills Limited v. Dharmaj Crop Guard Limited, [CS(COMM) 1225/2018 & CC(COMM) 9/2019] said, to argue on basis of submissions made before Commissioner of Customs, there is no novelty or inventive step in Indian Patent Number 282429, would lead to an anomalous situation and […]

Article 136 and Criminal Appeals IV

The confirmation of Death Sentence by High Court was under challenge in Masalti v. State of Uttar Pradesh, AIR 1965 SC 202. Chief Justice Gajendragadkar, speaking for a Four Judge Bench, observed: “It may be conceded, if a point of fact which plainly arises on record, or a point of law which is relevant and […]

Last Seen Theory

We may hasten to clarify, the fact of last seen should not be weighed in isolation or be segregated from other evidence. Courts have to not only consider the factum of last seen, but also have to keep in mind the circumstances that preceded and followed. State appears to be right in relying upon State […]

Pardon Jurisprudence I

Constitution Bench in Maru Ram v. Union of India, (1981) 1 SCC 107 considered the scope of Article 161 of the Constitution. Also, Union of India v. V. Sriharan, (2016) 7 SCC 1. The power under Article 161 can be exercised by State Governments, not by Governor on his own. The prisoner, convicted on 25.3.2010, […]

Deliberate Falsehood

K.T.M.S. Mohammad v. Union of India, 1992 3 SCC 178; Amarsang Nathaji v. Hardik Harshadbhai Patel, 2017 1 SCC 113. _____ The present case relates to 151 K.R. Pura Legislative Assembly Constituency. We do not see any deliberate falsehood uttered, much less is there any inconsistency. Mere reference to inconsistent statements alone is not sufficient […]

The Last Word

A Diversion for Lawyers and Others

Criminal Law