What are Panchsheel Principles?
“Panchsheel Principles” – Principles which act as a guide for the courts to come to a conclusion with regard to the guilt of an accused in cases which are solely…
What is considered for setting aside bail orders granted to the Accused?
The considerations that weigh with the appellate court for setting aside the bail order on an application being moved by the aggrieved party include : (i) any supervening circumstances that…
Accused Acquittal – Presumption in favour of the Accused at an Appellate Court
An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to…
Merely because the victim was continuously harassed does not constitute abetment to suicide
If Section 306 IPC corresponds to Section 108 of the Bharatiya Nyaya Sanhita (BNS) is read with Section 107 IPC corresponds to Section 45 of the Bharatiya Nyaya Sanhita, then…
What is the meaning of sudden and grave provocation in Culpable Homicide?
While applying this principle, the primary obligation of the court is to examine from the point of view of a person of reasonable prudence if there was such grave and…
What is the remedy when women are subjected to cruelty ?
498A- Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to…
What Should One Do When an Account is Freezed by an Investigating Officer?
During an investigation a Bank account is to be freezed for suspicious transactions, it can always direct the bank to freeze such bank accounts. And of course, such defreezing of…
What does the High Court see in Departmental Proceeding ?
The High Court can only see whether: (a) the enquiry is held by a competent authority or not; (b) the enquiry is held according to the procedure prescribed in that…
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Who will be entitled to interim custody of the property when the trial is pending?
Section 451 and Section 457 CrPC read as hereunder: “Section 451: Order for custody and disposal of property pending trial in certain cases. When any property is produced before any…