“Section 118 of The Evidence Act, 1872 deals with competence of a person to testify before Court. Section 4 of The Oaths Act, 1969 requires all witnesses to take oath or affirmation, with an exception for child witnesses under the age of 12 years. If Court is satisfied, the child witness below the age of […]
Read more "Child Witness I"“It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence.” – Hon’ble Justice Dipak Misra, Vikram Anantrai Doshi, (2014) 15 SCC 29. _____ I) Shankar, (2019) 5 SCC 166. II) Manjit Singh v. State of Punjab, [Criminal Appeal No. […]
Read more "Compromising the Non-Compoundable"“CBI registered an FIR on 12.04.1994 with regard to the opening of a fictitious bank account on 13.07.1992 in the name of one Raj Kumar. Soon thereafter by separate forged credit entries between the period 23.07.1992 to 31.10.1992, deposit of Rs. 3,22,056/- was made in the account. Subsequently on different dates a sum of Rs. […]
Read more "The Proof of Forgery II"Smuggling of huge volume of gold is common. Nisar Pallathukadavil Aliyar was the mastermind of the smuggling syndicate. Happy Dhakad abetted smuggling by receiving gold from Nisar Aliyar and disposing them off through outlets run by him and his relatives. _____ “On 28.03.2019 search and interception of a Honda Activa scooter and a Honda City car […]
Read more "Gold Smuggler, Nisar Aliyar"“Sitaram was functioning as Head Constable. A carbine was issued to him. It is alleged, on 18 February, 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, eight […]
Read more "Disciplinary Proceedings I"Uncontrolled and indiscriminate entry of persons, Hindu or Muslim, from Pakistan into India or from India to Pakistan, is fraught with the possibility of espionage and sabotage. When employed for espionage, care is taken to see, he does not know who his real employers are but knows only the name of his contact man, whose […]
Read more "The Golden Lasso of Truth"13.09.2008, New Delhi [Connaught Place; Karol Bagh; Greater Kailash I; India Gate;] Bomb Explosions. Delhi Police claimed, occupants of Flat No. 108 of L-18, Batla House, all students of Delhi Universities/Institutes, and all hailing from Azamgarh [UP], were conspirators/executors of Delhi Bomb Blasts.19.09.2008, Batla House Encounter Inspector Mohan Chand Sharma – Injured, Dead; Head Constable […]
Read more "Operation Batla House"“This Court in Hamida v. Rashid, (2008) 1 SCC 474 held that an accused after addition of serious non-cognizable offence is required to surrender and apply for bail for newly added offences. Mithabhai Pashabhai Patel v. State of Gujarat, (2009) 6 SCC 332 uses the word ‘ordinarily’ in Paragraph 18 of the Judgment which cannot […]
Read more "Serious, Graver & Non-Cognizable Offences"Anirban Bhattacharya, The Deadly Dozen – India’s Most Notorious Serial Killers, (Penguin, 2019) has been praised by John Abraham, Ayushmann Khurana, Kiran Rao and correctly so, possesses several Bollywood references. The following is an excerpt from a lesser-known territory. “The Poona of 1976 did not boast of any major, horrific crimes. Life seemed perfect in […]
Read more "The 1976 Poona"Indians have been taught the lesson, and rightly so, consensual intercourse, even if not procreative, is inherent for the enjoyment of life and liberty of every individual and is protected under constitutional morality. Mr. XYZ has come up with a film script. Cut short, the script is about an 18-year old Indian, who gets disinherited […]
Read more "#THE377DEBATE III : My Lord, Africa"“One of the foremost components of theft is that the subject matter of the theft needs to be a “moveable property”; “moveable property” is defined in Section 22, IPC which includes a corporeal property of every description. It is beyond doubt that a document is a “moveable property” within the meaning of Section 22, IPC […]
Read more "Document Thefts"Rohit Bansal along with his friends Vineet, Sonu, Rupesh and Monu had gone to Shanghai Club, Hauz Khas in one Santro, UP-16-AM-6317 and Honda Civic, DL-7CF-4118. Around midnight, while dancing, Rohit Bansal’s hand struck an individual to whom he said ‘sorry’. The individual abused and questioned; took a glass and hit. The matter was pacified […]
Read more "Murderous Dancing"“Respondent who was working with State Bank of India at Puducherry was discharged from service for an offence involving moral turpitude. Whether an offence involves moral turpitude or not depends upon facts and circumstances. Ordinarily, tests that can be applied for judging an offence involving moral turpitude are: a) whether the act leading to a […]
Read more "Moral Turpitude II"A wife died under unnatural circumstances in Nigeria. Her mother moved an application under Section 311 seeking a) summoning of Dr. I. Yusuf [Department of Pathology, Aminu Kano Teaching Hospital] through High Commission of Nigeria or b) recording Dr. I. Yusuf’s evidence through video-conferencing, after issuing a commission for the purpose. Dr. I. Yusuf had […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 II"My Lord, Mental Illness and Crime? Post-Conviction Mental Illness? “It is well acknowledged fact throughout the world, prisons are difficult places to be in. Piare Dusadh v. King Emperor, AIR 1944 FC 1 has already recognized ‘post-conviction mental illness’ as a mitigating factor. It must be recognized, ‘insanity’ recognized under IPC and ‘mental illness’ we […]
Read more "Review of Death Penalty XIII"My Lord, Supreme Court Quotations of Sherlock Holmes? One. “After all, an ordinary purchaser is not gifted with the powers of observation of a Sherlock Holmes.” [Parle Products, (1972) 1 SCC 618] My Lord, High Court Quotations of Sherlock Holmes? Some. “It would not require the penetrating intelligence of a Sherlock Holmes to realize in […]
Read more "Sherlock, Sherlock Holmes"My Lord, Recent Events? Hon’ble Justice Ranjan Gogoi quoted a Judgment authored under Chief Justiceship of Hon’ble Justice A.N. Ray; Hon’ble Justice K.M. Joseph quoted a Judgment authored by Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. _____ An issue has been raised by Learned Attorney General with regard to the manner in which […]
Read more "The Revival of Ray XX"“Learned Counsel relied upon Ranchhodji Chaturji Thakore, 1996 (11) SCC 603 and Jaipal Singh, 2004 (1) SCC 121 to contend, in case, criminal proceedings are initiated at behest of employer, and employee is acquitted, he would be entitled to claim full wages for the period he was kept out of duty during pendency of criminal […]
Read more "Back Wages II"Cases where the science involved is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed [Ramesh Chandra Agrawal v. Regency Hospital Limited, (2009) 9 SCC 709]. Be that as it may, it cannot be forgotten, opinion evidence is advisory in nature, and Courts are not bound by evidence of […]
Read more "Science for Everyone: Superimposition Technique"Something mysterious inside me silently tells, every exit is an entrance to somewhere else. “The instant case rests on circumstantial evidence. There cannot be any dispute as to the well-settled proposition that the circumstances from which the conclusion of guilt is to be drawn must or “should be” and not merely “may be” fully established. […]
Read more "Review of Death Penalty XII"
You must be logged in to post a comment.