Category Archives: Case Analysis

Ramdas & Ors. v. State of Maharashtra

Admin/ December 7, 2018/ Case Analysis/ 0 comments

What is the effect of delay in lodging the report with the police is a matter of appreciation of evidence, and the court must consider the delay in the background of the facts and circumstances of each case. Different cases have different facts and it is the totality of evidence and the impact that it has on the mind of the court that is important.

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Shanti v. State Of Haryana

Admin/ April 29, 2018/ Case Analysis/ 1 comments

Cruelty is common essential for both of the offences- Dowry Death under section 304-B as well as Cruelty under 498-A. Section 304-B and 498-A are not mutually exclusive, these provisions deal with two distinct offences provisions. Court stated that accused charged but acquitted under Section 304-B….[Read More]

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Animal Welfare Board Of India V A. Nagaraja & Ors

Admin/ April 27, 2018/ Case Analysis/ 0 comments

The said judgement not only strengthened the PCA Act, 1960 but also elevated the rights of the animals to that of a fundamental right under Art 21 and imposed strict observance of Art 51-A. The judgement also guaranteed rights of animals under S.3 and 11 of PCA Act read with Art.51A (g) & (h)..

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Sheikh Zakir v. State of Bihar

Admin/ April 23, 2018/ Case Analysis/ 0 comments

Refusal to act on the testimony of the victim of sexual assault is in the absence of corroboration, as a rule, is adding to injury. | Wherever corroboration is necessary it should be from an independent source but is not necessary that every part of the evidence of the victim…..

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Priyanka Srivastava & Anr vs State Of U.P.& Ors

Admin/ April 3, 2018/ Case Analysis/ 0 comments

“Even if a Magistrate does not say in so many words while directing investigation under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed…”

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JOGINDER KUMAR V. STATE OF U.P. & ORS.

Admin/ February 21, 2018/ Case Analysis/ 0 comments

An arrest cannot be made merely because it is lawful for the Police Officer to do so. An arrest cannot be made in a routine manner on mere allegation of offence. In view of citizen’s constitutional rights and police officer’s own interests, it would be prudent of an officer to not make an arrest…

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