For many centuries Indian society cherished two basic values of life i.e. “satya‟ (truth) and „ahimsa‟ (non-violence). Mahavir, Gautam Buddha and Mahatama Gandhi guided the people to ingrain these values in their daily life. I Read more…
Section 239 and 397 (2) of Cr.P.C. – It is well settled that the trial court while considering the discharge application is not to act as a mere post office. The Court has to sift Read more…
Section 439 of Cr.P.C. – Bail Application – dismissed – NO MEANS NO – The simplest of sentences have become the most difficult for some men to understand. No does not mean yes, it does Read more…
Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B,506(2)and 34of the Indian Penal Code – Sections25(1-b) A, 27 and 29of the Arms Act – Section 135 of the Gujarat Police Act – Section 439 Read more…
Section 301(2) of Cr.P.C. – a mandate that allows the victim’s counsel to make oral arguments and cross examine witnesses goes beyond a mere assistive role, and constitutes a parallel prosecution proceeding by itself. That Read more…
At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible. Section 7 of the PC Act – Section 227/239 Cr.P.C. – The High Court was required Read more…
Section 258 of the Code is not applicable to complaints under Section 138 of the Act The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints Read more…
The law is well settled that no sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for the offences under the Prevention of Corruption Act. MCRC Read more…
merely making allegation against the leaders of a political party even if it is incorrect / untrue would not constitute offence under Section 505(1) of the IPC At this stage, it would be appropriate to Read more…