Evidence must be Construed in favour of the Accused

5 April 2024Posted inCriminal law
On the basis of evidence on record in a court proceeding, if two equally sustainable views - one in favourable to the accused and the other against him - are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka

Stay Orders will not Expire in Six months: SC

5 April 2024Posted inCivil law, Criminal law
In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.