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Court Has The Authority To Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court

In Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow, the Allahabad High Court held that the trial Court is empowered to permit the prosecution to produce certificates u/s 65-B (4) of the Indian Evidence Act at a later point during the trial.  A Single Bench consisting of Justice Dinesh Kumar Singh ma..

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Criminal Conspiracy Under IPC: Need For Such A Provision

KEY TAKEAWAYS Criminal Conspiracy and its punishment under Section 120B, IPC. Essentials of Criminal Conspiracy History of criminal conspiracy in India Nature of S. 120B li style="text-align:..

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Procedure Of Summary Trial In CrPC

Key Takeaways The trial is employed in cases where the court has the authority to either convict or acquit the accused individual of an offense. A summary trial is a type of trial in which matters are resolved quickly, the procedure is shortened, and the proceedings are recorded..

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After Taking Cognizance Of Offences, The Court Cannot Review Its Own Order And Drop/Withdraw Sections: Allahabad HC

In Jagveer vs State of UP and ors. the Hon’ble Allahabad HC has held that once a Magistrate has taken cognizance of offences, it has no power to review its own order for dropping sections from the cognizance order.  In the instant case, an FIR was registered against the petitioner/accused for offences under ..

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Man - An Unrecognized Domestic Violence Victim

Key Takeaways The situation of helpless Indian men. Patriarchal thinking of the Indian society against the male victims. Discussed Section 2(q) and 2(a) of the DV Act. Discussed the cases of Hiral P Harsora vs Narottamdas Harsora & Ors,Mohammad Zakirv. Shabana. Analyzed the recent decision of the J&KCourt. h..

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Court Should Note Objections Raised Against Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Final Verdict & Not During The Time Of Examination: Delhi HC

In Dushyant Kumar v. Central Bureau of Investigation, the Delhi High Court has noted that the question whether the evidence should be included or excluded from consideration while giving the final verdict must be taken at the end and not during the time of the examination.  Justice Jasmeet Singh noted that when th..

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DRT Is Not Empowered To Restrain A Debtor's Fundamental Right To Travel Abroad: Bombay High Court

In Anurag S/o. Padmesh Gupta vs Bank of India, the Bombay High Court held that the Debt Recovery Tribunal (DRT) does not have authority to restrain a citizen from travelling abroad as there is no provision under the Recovery of Debts Due To Banks and Financial Institutions Act 1993 that empowers it to do so.  A Di..

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Hate Speech In India: Legal Provisions & Case Laws

Key Takeaways Article 19(1) of the Indian Constitution guarantees freedom of speech and expression. Section 153A of the Indian Penal Code criminalises the promotion of enmity between groups of people on grounds such as religion and race, place of birth, residence, and language...

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Restitution Of Conjugal Rights: Legal Provisions & Constitutionality

Key Takeaways A brief description of the Hindu marriages in early times and how they evolved over years, by the codification of the Hindu Marriage laws. A brief explanation of various provisions concerning Restitution of Conjugal Rights, mentioned in Code of Civil Procedure, 190..

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Amendment Application With Inconsistent Pleas Is Permissible Without Retracting Wilful Admission In Written Statement: Kerala High Court

In Anzar v. Sreedeviyamma & Anr, the Kerala High Court held that an amendment application inconsistent with that of the original written statement may be submitted without withdrawing wilful admission mentioned in the statement. Moreover, such applications will be bound to be admissible. li style="text-alig..

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A Prisoner Does Not Have Voting Right: ED Opposes Bail Pleas Of Anil Deshmukh and Nawab Malik Ahead Of The Rajya Sabha Elections

The Enforcement Directorate (ED) has recently opposed the applications filed by the imprisoned former Maharashtra Home Minister, Anil Deshmukh, and the state Cabinet Minister, Nawab Mailk seeking bail for one day to cast their votes in the upcoming Rajya Sabha elections on the ground that prisoners do not have voting rights.  li style="text-alig..

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Powers Of President Of India

Key Takeaways According to Article 58 of the Constitution of India, a candidate for the position of President of India must be a citizen of India, at least 35 years old, and qualified to serve as an MP in the Lok Sabha. A person who has been elected President once can be re-elec..

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Rigours Of Section 37 NDPS Act Can Be Relaxed In Cases Of Commercial Quantity In Case Of Delay In Conclusion Of Trial: Punjab And Haryana HC

In Ghanso @ Kalo vs State of Punjab the Hon’ble HC of Punjab and Haryana has held that the bail application of an accused can be considered despite the fact that she was found in possession of commercial quantity of the contraband, and thus the rigors of section 37 of the NDPS Act can be relaxed, if there is a considerable delay in the conclusion of th..

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The Public Trust Doctrine Is Part Of Law Of Land And The State Must Uphold It: Supreme Court

In Re : TN Godavarman Thirumalpad versus Union of India, the Supreme Court observed that the famous Public Trust Doctrine is a part of the law of land. The Court further said that the State has a duty to act as a trustee for the advantage of the general public pertaining to the natural resources so that the long term g..

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Magistrate Cannot Order Investigation U/S 156(3) CrPC In Case Of Defamation Even If Other Offences Are Alleged: Karnataka HC

In Divya and Anr vs State of Karnataka the Hon’ble Karnataka HC has observed that the bar under section 199 of CrPC on a Magistrate from exercising powers under section 156(3) of CrPC and ordering investigation on a complaint involving offences under section 500 of IPC (defamation) would be applicable even in cases where other offences have been commit..

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