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Section 190(1)(b): Magistrate Can Summon Persons Not Named In The FIR If He Is Prima Facie Involved In The Offence: SC

In Nahar Singh vs. State of UP and anr. the Hon’ble Apex Court has held that the Magistrate, while taking cognizance of an offence under section 190(1)(b) of CrPC upon a Police Report, can issue summons to persons not mentioned in the police report or the FIR, if there is prima facie evidence of his/her involvement in the commission of the offence.&nbs..

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Testimony Of A Child Witness; Competency Certificate Not Required If The Child Witness Is Able To Understand Questions And Give Rational Answers Allahabad HC

In Amrita Anand @ Tribhuvan vs State of UP and anr. the Hon’ble Allahabad HC has observed that the competency certificate of a child witness is not required if the child witness gives rational answers to the questions put to him and his testimony remains unshaken and inspires confidence of the Court. It is import..

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Delay In Impleading Liquidator In A Civil Suit Doesn’t Amount To Its Abatement: Calcutta HC

The Honourable High Court in a general Application [G.A. NO. 7 & 8 of 2021] filed in the case of Concast Steel & Power Limited V. Sarat Chatterjee & Co. & Ors.[Civil Suit NO. 77 of 2013] has held that delay in substituting liquidator’s name in the file of the suit would not in any way lead to an abatement of the said suit. li st..

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Top News Headlines 16th Mar 2022: A 33-Year Old Man Had Labour Pains

A 33-Year Old Man Had Labour Pains: Madhya Pradesh HC Orders Action Against Man Who Submitted False Documents Seeking Reinstatement In Service  In the case of Atul Kumar Tiwari vs. State of MP and ors. a very peculiar circumstance has come to light. The MP High Court has requested it’s Registrar General to ..

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Mere Suspicion Cannot Be Allowed To Take The Place Of Proof: Prosecution Must Stand On Its Own: Allahabad HC

The Allahabad HC has, in Sangram Yadav vs State of UP has held that it has been established through a plethora of decisions that the prosecution has to stand on it’s own two feet and cannot rely on a mere suspicion for the discharge of its burden.  In the instant case, an information was given by the Station..

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A 33-Year Old Man Had Labour Pains: Madhya Pradesh HC Orders Action Against Man Who Submitted False Documents Seeking Reinstatement In Service

In the case of Atul Kumar Tiwari vs. State of MP and ors. a very peculiar circumstance has come to light. The MP High Court has requested it’s Registrar General to file a complaint case against the petitioner for producing fake medical documents and making false statements before the Court.  The petitioner, ..

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The Hijab Controversy [IN W.P. NO.2347 OF 2022]

;After days of protests, counter-protests, allegations, counter-allegations and back-to-back hearings, the Karnataka High Court, in Writ Petition no. 2347 of 2022,has pronounced its verdict on the Hijab case on Tuesday, March 15. ;On January 26, the Karnataka Government had formed an expert committee to resolve the mat..

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Top News Headlines 15th Mar 2022: The Hijab Controversy

The Hijab Controversy [IN W.P. NO.2347 OF 2022] After days of protests, counter-protests, allegations, counter-allegations and back-to-back hearings, the Karnataka High Court, in Writ Petition no. 2347 of 2022, has pronounced its verdict on the Hijab case on Tuesday, March 15. O..

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Remission Of Sentence And The Release Of AG Perarivalan

KEY TAKEAWAYS The Supreme Court awarded A.G. Perarivalan, who was convicted in the assassination of Rajiv Gandhi, bail stating that he has been in prison for more than 30 years and is entitled to be released. Despite the Centre's opposition, a bench of Justice L. Nageswara Rao and Justice B.R. Gavai ruled that he ..

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Absence Of Motive In Circumstantial Cases Does Not Break The Chain Of Circumstances: P&H HC Uphold Conviction In Dowry Death Case

The Punjab and Haryana HC has, while upholding the conviction in a dowry death case titled Vineet vs. State of Haryana held that though motive is significant in deciding an accused's culpability in cases of circumstantial evidence, the same can be dispensed with if the chain of circumstances otherwise links the accused with the crime. In this case, motiv..

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Appreciation Of Evidence Cannot Be Done In A Discharge Application Under Section 239 CrPC: Allahabad HC

The Allahabad HC has reiterated, in Chavi Lal and ors. vs. State of UP and anr that when an application for discharge has been moved under section 239 of CrPC, the Court is only required to see whether a prima facie case has been made out or not. Detailed enquiry is not required at this stage and the accused can be discharged if the charge against him appear..

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Court Has To Be Prima Facie Satisfied Of The Charges Alleged Against The Accused While Issuing Summons Under IPC, 1860: Delhi HC

The Hon’ble High Court of Delhi, in the case of Anjani Gupta v. The State (NCT of Delhi) &Anr.(DL CRL.M.C.-2120/2018) has observed that there must be a prima facie appreciation of evidence along with application of judicial mind for a summoning order to be just and legal. There must be sufficient grounds to proceed against the accused. li s..

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Jharkhand HC Allows Compounding Of Offences At Appellate Stage And Sets Aside Judgment Of Conviction

In a very significant development, we saw how the Jharkhand High Court just recently on February 4, 2022 in a learned, laudable, landmark and latest judgment titled Ganesh Choudhary & Anr. v. The State of Jharkhand in Cr. Appeal (SJ) No.1675 of 2003 (Against the Judgment of Conviction and order of sentence dated 20.11.2003 passed by the learned Additional Sessio..

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Top News Headlines 14th Mar 2022: Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC: Says No Public Right Is Superior To The Defence Of The Country In the case of Heera Singh Pangtey and ors. vs. State of Uttarakhand and ors. the Hon’ble Uttarakhand HC has dismissed the writ petition challenging the notification issued und..

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No Reappreciation Of Evidence Allowed Under Article 227 Unless Finding Of Lower Court Perverse: SC

The Hon’ble Apex Court, in M/s Puri Investments vs. M/s Young Friends and Co. and ors. held that the provisions of Article 227 of the Constitution which provides for the supervisory jurisdiction of the HC is restrictive in nature and as such does not allow the reappreciation of evidence.  The HC can only int..

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