Accused should Get Copies of All Documents

Posted inCriminal law
When a criminal case is instituted against a person on a police report the accused has the right to get a copy each of the First Information Report (FIR), statements of witnesses recorded by the police, the police report and other records filed along with the police report. This is an obligation of the Magistrate under Section 207 of the Criminal Procedure Code, 1973 (CrPC).  

The Specific Relief Act, 1963 : An Overview

Posted inCivil law
The precise objective of the Specific Relief Act, 1963 (SRA) is to enable the party to get some special remedies or reliefs, other than the usual reliefs such as damages or compensation in monetary terms, which the contract act provides in breach of a contractual obligation by a party to it.

Advocates have no right to Boycott the Court

Posted inArticles
The Supreme Court (SC) says with unequivocal clarity that advocates have no right to strike and/or give a call for boycott of court proceedings. The Advocates have no right to abstain from appearing in court in cases in which they hold vakalat for the parties. It is a quite unprofessional practice for a lawyer.

Plea for Default Bail can be made Orally

Posted inBail & Related matters
Default bail under Section 167(2) of the Criminal Procedures Code, 1973 (CrPC) can be granted to an accused based on an oral application alone, and no physical copy or written application is needed for seeking default bail, says High court of Kerala in a judgement in Akshay v State of Kerala [ 2023(1) KLT SN 44 (C No 38)].

Jurisdiction in Cheque Case u/s 138 of NI Act

Posted inNegotiable Instruments
The cognizance of the offence in a cheque dishonour case, under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) can be taken by a court not inferior to a First-Class Judicial Magistrate upon a complaint in writing by the payee or the holder in due course of the cheque, to be made within one month of the date on which the cause of action arises.

Deposit of 20% not absolute in Cheque Appeal

Posted 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

Posted 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.