In a monarchy the crown was given the power to pardon. But in India there is democracy. According to the Article 52 of the Constitution of India, the President is the Executive head of the Union of India. Thus if the Prof Kenny’s definition is ..
Recently the pardoning power of governor was put under judicial review in the case of Epuru Sudhakar & Anr. Vs Govt. of A.P. & Ors .Before discussing the factual situations of the case let us revert back to some of the old cases.In Kuljeet S ..
In a recent decision of the Supreme Court dated 23.3.09 in Criminal Appeal No. 538 of 2009, Lal Kamlendra Pratap Singh v. State of U.P., which has been directed to be circulated in the High Court and in subordinate Courts in U.P. it has been observed ..
“The idea is to die young as late as possible”A majority of people would well desire to live life this way, but it is sad to know that only a few fortunate ones do live and die in this manner. Old age is said to be a period full of gold ..
Legal jurisprudence states that there is a right and a corresponding duty to every action and inaction. And as all the rights that every individual possesses in the contemporary society are being defined to the greatest extent, it is also equally tr ..
In criminal trial, the motive alone is not sufficient to convict any person for committing the offence, unless there is presumption of law for convicting the accused on the basis of motive. In the entire Evidence Act or any other statute, there is no ..
In Crl. Appeal No. 4763 of 2008 Dinesh Vs. State of U.P. decided on13.02.2009 , Hon'ble Shiv Charanand Hon'ble Vijay Kumar Verma, JJ. observerved that : "We are surprised to see that the learned trial Judge has imposed fine also on the accused p ..
Prospective accused can not challenge the order passed by the Magistrate under section 156(3) Cr.P.C. allowing the application and directing investigation by the police. This verdict has been passed by hon Vijay Kumar Verma,,J. in Crl. Revision No. 6 ..
In view of the rulings of the Hon'ble Apex Court the legal position regarding summoning of any person as accused u/s 319 Cr.P.C. can be summed up as under: 1. The power u/s 319 Cr.P.C. is not to be exercised mechanically on the ground that some evide ..
The provision for holding of inquest is contained in Section 174 Cr.P.C. Heading of Section is, 'Police to enquire and report on suicide etc.' Sub-Sections (1) and (2) thereof read as under:- 174. Police to enquire and report on suicide, etc. (1) Whe ..
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