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Articles by Swami Sadashiva Brahmendra Sar

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Sabji Masala !

  Swami Sadashiva Brahmendra Sar   11 June 2009 at 13:17

In the case of M/s A.P.Products v. State of Andhra Pradesh and others, JT 2007 (9) SC 58. the Apex Court after considering various decisions on the issue as to what is processing and what is manufacturing, has held that the ingredients which are used ..


Posted in Taxation |   1628 Views


Rent control in U.P.

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 18:48

His lordship honorable Rakesh Tiwari, J in Civil Misc. Writ Petition on No. 69351 of 2006, Abdul Jalil v Special Judge EC Act and others, made elaborate discussion on the scheme, object and relevant provisions of Uttar Pradesh Urban Buildings (Regula ..


Posted in Civil Law  3 comments |   28971 Views


Interim bail

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

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 ..


Posted in Criminal Law |   1573 Views


Motive alone is not sufficient to convict

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

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 ..


Posted in Criminal Law |   1412 Views


No fine can be imposed under s 304 B IPC

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

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 ..


Posted in Criminal Law |   1073 Views


s. 156 (3) CrPC- Prospective accused has no standing

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

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 ..


Posted in Criminal Law |   3290 Views


summoning under s 319 CrPC

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

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 ..


Posted in Criminal Law |   2622 Views


Inquest report - Object and scope

  Swami Sadashiva Brahmendra Sar   08 June 2009 at 21:32

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 ..


Posted in Criminal Law |   15583 Views


Value of Motive under criminal Law

  Swami Sadashiva Brahmendra Sar   08 June 2009 at 21:32

In the case of State of H.P. Vs. Jeet Singh reported in (1999) 4 SCC 370 : (AIR 1999 SC 1293), the Apex Court held that: "No doubt it is a sound principle to remember that every criminal act was done with a motive but its corollary is not that n ..


Posted in Criminal Law |   2315 Views


Quashing of FIR when dispute is of civil nature

  Swami Sadashiva Brahmendra Sar   07 June 2009 at 22:43

QUASHING OF FIR BECAUSE DISPUTE IS OF CIVIL NATURE: In Trilok Singh & Ors. Vs. Satya Deo Tripathi, AIR 1979 SC 850, the Hon'ble Supreme Court examined the similar case wherein the truck had been taken in possession by the Financer in terms of hir ..


Posted in Criminal Law |   5103 Views