The court held that, Criminal law does not recognise the terms 'same cause of action’. A per se FIR cannot be cancelled once evidence implicating the petitioner in a conspiracy has been discovered. As soon as an accused… Read more »
It is established that the authority granted by Section 438 of the CrPC is not to be used frequently. The authority must be used if it appears that an accusation was made with the intent to harm or… Read more »
The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to… Read more »
The court observed that, the circumstance of ‘last seen’, along with the failure to provide a reasonable explanation of the accused are not enough to establish the guilt of the accused being reasonable doubt. As the case was… Read more »
The Court observed that offences under the section 304-B IPC are besides being grave, heinous, offences against society driven with the demand of dowry, and needs to be prevented. It further held that, cases involving such offence cannot… Read more »
The Supreme Court observed that the intention of an accused can be ascertained by the part of the body where the accused chose to assault the victim and the nature of injury inflicted upon the victim by the… Read more »
The Court observed that any criticism of the judiciary or judges that would hinder the administration of justice or put it in jeopardy must be avoided. This attempt results in the contempt of court procedures. All criticisms of… Read more »
The court held that for an accused acquitted to join as a police constable, mere acquittal will not be sufficient. The court observed that being acquitted on the absence of any evidence is different from acquittal based on… Read more »
The court laid down certain guidelines which must be followed before a case against an accused can be fully established: (a) circumstances from which conclusion of guilt is drawn must be established fully, (b) there should be consistency… Read more »
The court while ascertaining the scope of Sec 2(33) of the Juvenile Justice Act, 2015 held that the Act does not deal with offences which are ‘heinous’ in nature. It observes that even if a child commits a… Read more »
