Section 319 Cr.P.C.

Section 319 Cr.P.C – power under Section 319 Cr.P.C. is a discretionary and extraordinary power, which should be exercised sparingly and only in those cases where the circumstances of the case so warrant. Section 319 Cr.P.C – the test that has to be applied is one which is more than Read more…

Section 319 of Cr.p.c.

Section 319 of Cr.p.c.-The principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. should be exercised.. The power cannot be exercised in a casual and cavalier manner. This is yet another case where summons issued purporting to invoke Read more…

Section 304b of IPC

Penal Code, 1860 – Sections 302/304B – The true purport of the order passed by this Court. The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case. All that this Court meant to say was that in Read more…

Section 151 CPC

Section 151 C.P.C.

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 am of the considered opinion that the argument put forth by the learned counsel for the Read more…

Section 239 and Section 397 (2) of Code of Criminal Procedure

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 through the evidence in order to find out whether there are sufficient grounds to try Read more…

Section 482 Cr.p.c.

Section 439 Cr.P.C.

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 not mean that the girl is shy, it does not mean that the girl is Read more…

Section 439 Cr.P.C.

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 of the Code of Criminal Procedure 1973 – The Court granting bail cannot obviate its Read more…

Section 301 Cr.P.C

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 the victim’s counsel has a limited right of assisting the prosecution, which may extend to Read more…

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