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 High Court […]
Read more "Celebratory Gunshots"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 Section […]
Read more "My Precious Bitcoin"My Lord, Preliminary Inquiry u/Section 340 – Mandatory – Before Complaint u/Section 195? “In any event, given Three-Judge Bench in Sharad Pawar, (2010) 15 SCC 290 did not assign any reason as to why it was departing from a Coordinate Bench in Pritish, (2002) 1 SCC 253 and a Constitution Bench in Iqbal Singh Marwah, […]
Read more "Referred to Larger Bench XXII: Mandatory Preliminary Inquiry"A certain someone, associated with Dawood Ibrahim and Chhota Rajan in the past, was on the run since the ’90s. It has been pointed out earlier that, no fugitive or mastermind is going to flee to Chile, Netherlands, Switzerland or Belgium. This one fled to Burkina Faso and won hearts by doing social work; the […]
Read more "Extraditable Fugitives I"Section 362 begins with the words “save as otherwise provided by this Code or by any other law for the time being in force”. Legislature was aware that there are situations where altering or reviewing of a Criminal Court Judgment is contemplated in the Code itself or any other law for the time being in […]
Read more "Section 362 of The Code of Criminal Procedure, 1973"“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]
Read more "Monstrosity of Winnability I"I have written on Supratim Sarkar’s previous 3 books here, here and here. His latest effort – The 7 Stories, (Ananda, 2020) – has not been translated into English yet. It would be unfair if I don’t even attempt the same. There were interesting bits on i) an Irish woman who had arrived to assist […]
Read more "The Photo Album"“Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad […]
Read more "Anticipatory Bail II"“The Indian Coast Guard received some intelligence inputs with regard to suspicious activities of MV Hennry. MV Hennry was flying a flag of Panama. The Master of the Ship, Suprit Tiwari, was not in possession of any licence, permit and could not even produce any document pertaining to departure from last port of call i.e. […]
Read more "MV Hennry"Aftab was lodged in Tihar when he met Asif Reza Khan. Asif introduced Aftab to Omar Sheikh who had a profound effect. December, 1999: Government of India was forced to release Omar Sheikh in exchange for a safe return of IC 814. Aftab Ansari, soon after, was issued a Pakistan Passport [J872142, Safir Mohammad Rana]. […]
Read more "Tihar to Tihar"Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Sidharth Luthra submitted, ‘petty […]
Read more "Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015"“Medical negligence comprises of the following constituents: (i) legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, the […]
Read more "Medical Negligence and Consumer Law II"“What is the meaning to be attached to the words ‘making of an imputation’ and ‘publishing of an imputation’? This question has been set out with clarity in Mohd. Abdulla Khan v. Prakash K., (2018) 1 SCC 615. “The difference between ‘making’ of an imputation and ‘publishing’ the same is: If ‘X’ tells ‘Y’ that […]
Read more "Section 499, Indian Penal Code V"“Nothing is on record to show that Suraj was ‘highly’ inebriated. It can safely be said Suraj was very much in the senses and was conscious of the fact that if kerosene is poured and match stick is lit and put on the body, a person might die due to burns. Kalu Ram v. State […]
Read more "An Intoxicated Murder"Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]
Read more "The De Facto Doctrine"It was claimed that ‘LoveRatri’ [Night of Love] hurts sentiments of Hindus and distorts the meaning of ‘NavRatri’ [Nine Nights], a sacred festival. After doing the needful, Salman Khan, on 18.09.2019, thus tweeted:Hon’ble Supreme Court of India, on 27.09.2018, having regard to the assertion that ‘LoveYatri’ [Journey of Love] has obtained certification from Central Board […]
Read more "Being Salman Khan"“It is a well established position, when statutes are unambiguous, Courts must adopt plain and natural meaning irrespective of consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold, ‘contents of the memory card/pen […]
Read more "Cloned Copy of Electronic Record"The Class of 83 chronicles adventures of a Police Officer, Pradeep Sharma. S. Hussain Zaidi is an expert as regards investigative (crime) reporting. The present effort is excellent for it identifies innumerable characters, until now only enveloped in questionable memories. Excerpt follows. _____ In late 1980s, there was only one destination of choice for ambitious, […]
Read more "Luck or Fate, Pradeep Sharma"“The use of the term ‘assist’ in the proviso to Section 24(8) of The Code of Criminal Procedure, 1973 is crucial, and implies that the Victim’s Counsel is only intended to have a secondary role qua the Public Prosecutor. In our considered opinion, a mandate that allows the Victim’s Counsel to make oral arguments and […]
Read more "Section 24(8) of The Code of Criminal Procedure, 1973"Directorate of Revenue Intelligence, Kolkata Zonal Unit intercepted Anand on 09.06.2019 near Dankuni Toll Plaza, West Bengal, while he was travelling on a bus from Siliguri to Kolkata, carrying 8 kilograms of gold of foreign origin valued at Rs. 2.71 Crores. Anand stated he had been engaged by Ashok Kumar Jalan and Amit Jalan, who […]
Read more "Gold Smuggler, Ashok Kumar Jalan"
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