Deposit of 20% not absolute in Cheque Appeal

13 September 2023Posted inNegotiable Instruments
Deposit of a minimum 20% of the cheque amount when the appeal court considers an appeal of an accused person convicted for dishonour of cheque under Section 148 of Negotiable Instruments Act, is not an absolute matter, but an exceptional one, says the Supreme Court (SC) in Jamboo Bhandari v MP State Industrial Development Corporation Ltd.

Accused has the right to get Un-Relied Documents

11 September 2023Posted inCriminal law
An accused has the right to get copies of (or examine) the unmarked and unexhibited documents, which are not being relied on by the prosecution, in a criminal proceeding, as per the Supreme Court ( SC) judgement in V K Sasikala v State Rep. By Superintendent Of Police and some other related judgements.

Factors to be considered while Granting Bail

7 September 2023Posted inBail & Related matters
The Supreme Court in Teesta Atul Setalvad v State of Gujarat states that the factors, which are essentially considered at the stage of granting of bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973, are: Whether the prima facia case is established The possibility of the accused tampering with the evidence or influencing the witness The possibility of the accused fleeing away from the hands of justice, and The gravity and the seriousness of the offence

Judge is not a Recording Machine in a Trial

6 September 2023Posted inCriminal law
On a reference for confirmation of sentence of death, the High Court is required to proceed in accordance with Sections 367 and 368 respectively of the CrPC and the provisions of these Sections make it clear that the duty of the High Court, in dealing with the reference, is not only to see whether the order passed by the Sessions Judge is correct, but to examine the case for itself and even direct a further enquiry or the taking of additional evidence if the Court considers it desirable in order to ascertain the guilt or the innocence of the convicted person.

Can a Joint/Mutual Will be revoked after One dies?

5 September 2023Posted inWill & Related Matters
A Joint will is revocable if the joint Will is a combined Will of two individuals and the survivor has received no benefits from the deceased testator, as inferred from the facts and circumstances surrounding the Will. However, a mutual Will becomes irrevocable on the death of one of the testators if the survivor had received benefits under the mutual Will, and that there is a specific contract prohibiting revocation.

Search, Seizure & Arrest under NDPS Act

31 July 2023Posted inArrest & Related Matters, Criminal law
The Narcotic Drugs & Psychotropic Substances Act (NDPS Act) is a complete code of legal provisions, to control and regulate operation of Narcotic Drugs & Psychotropic substances in India. It has been formulated by consolidating the then existing Opium Act, 1878 and The Dangerous Drugs Act, 1930. It applies to all persons in India and outside, and on ships and aircrafts registered in India.