The 90 day period indicated by the first proviso to Section 167(2) of The Code of Criminal Procedure, 1973 can be extended up to a maximum period of 180 days under the first proviso in Section 43D(2)(b) of The Unlawful Activities (Prevention) Act, 1967. As long as an application, which need not even be in […]
Read more "Default Bail I"Parvez holds a Green Card, enabling him to reside in US. He has resided in US since 1985. Parvez Noordin Lokhandwalla allegedly forged and fabricated the Power of Attorney of Shalin Lokhandawalla. An FIR was registered in 2014. However, between 10.03.2015 and 10.01.2020, Parvez travelled between US and India on 16 occasions. There is no […]
Read more "The Fundamental Right to Travel Abroad"“Extra-Judicial Execution Victim Families Association v. Union of India, AIR 2016 SC 3400 considered the situation in Manipur. The expression ‘internal disturbance’ must be interpreted in the context in which it is used. Under Article 352, an ‘internal disturbance’ must be of the order of an armed rebellion threatening the security of India to proclaim […]
Read more "Internal Disturbance II"A ‘consent’ given under fear of injury is not a ‘consent’ in the eyes of law. We are not persuaded to accept the solitary statement, at the time of the first alleged offence, ‘consent’ was obtained under fear of injury. A ‘consent’ given under a misconception of fact is no ‘consent’ in the eyes of […]
Read more "Section 90, Indian Penal Code"“On 18.06.2001, the Intelligence Officer in the Narcotics Control Bureau, Chandigarh was proceeding to Theog from Shimla. He was travelling along with other Officials. In transit, they stopped near Nangala Devi Temple. When they ordered meals and tea and were waiting for the food to be served, the Intelligence Officer could smell the odour of […]
Read more "13 Kilograms of Charas / The Revival of Ray LII"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 […]
Read more "Disciplinary Proceedings III"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 a case has to be […]
Read more "Disciplinary Proceedings 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, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards ‘loss […]
Read more "Consortium II"“At this stage, it is important to understand the difference between the offences mentioned in Section 195(1)(b)(i) and Section 195(1)(b)(ii). Where the facts mentioned in a complaint attracts the provisions of Section 191 to 193 of the IPC, Section 195(1)(b)(i) applies. What is important is that once these sections of the IPC are attracted, the […]
Read more "Section 195 of The Code of Criminal Procedure, 1973 II"“Mohan Lal observed, in a case where the informant and the investigator is the same, trial is vitiated and accused is entitled to acquittal. Varinder Kumar held, decision in Mohan Lal shall be applicable prospectively. The NDPS Act does not specifically bar an informant/complainant to be an investigator. Therefore, as such, there is no reason […]
Read more "Referred to Larger Bench XIV Answered Again: Mohan Lal"“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 […]
Read more "The Importance of Being Earnest III"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 […]
Read more "No Reservations, Lebanon"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 […]
Read more "The Whiff of Money"“S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 had occasion to consider the requirements of Section 141. “What is required is that the persons who are sought to be made criminally liable under Section 141 should be at the time the offence was committed, in charge of and responsible to the company for […]
Read more "Section 141, The NI Act I"“Anvar, (2014) 10 SCC 472 made it clear that, special provisions of Sections 65A and 65B of The Indian Evidence Act, 1872 are a complete code in themselves when it comes to admissibility of evidence of information contained in electronic records and also a written certificate under Section 65B(4) is a sine qua non for […]
Read more "Section 65A, 65B of The Indian Evidence Act"“Section 197 of The Code of Criminal Procedure, 1898 is in pari materia with Section 197 of The Code of Criminal Procedure, 1973. In State of Orissa v. Ganesh Chandra Jew, AIR 1955 SC 287 this Court interpreted use of the expression ‘official duty’ to imply, the act or omission must have been done by […]
Read more "Section 197 of The Code of Criminal Procedure, 1973"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., […]
Read more "The Revival of Ray XLVIII"“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 […]
Read more "The Questionable Murder"A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely a ‘fantasy of doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009]. An individual factor may not be decisive. If after taking all factors together, conscience of Court is not satisfied, Will in question […]
Read more "The Proof of Valid Wills 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 lodging of multiple First Information Reports against Arnab Ranjan Goswami. The broadcast is the foundation of the allegation, offences have been committed. To allow a journalist to be subjected to pursuit of remedies […]
Read more "First Information Report II"
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