Recently, a three-judge bench of the Supreme Court in Opto Circuit India v. Axis Bank [2021 SCC OnLine SC 55] rendered a decision that potentially has far-reaching implications for the rights of an accused regarding the procedure of attachment/freezing of property under the Prevention of Money Laundering Act, 2002.
Shamsul Huda Bakavi v. State & Anr [Case Analysis]
A conjoint reading of Section 190 and Section 195 (1) (a) of the CrPC makes it clear that the courts cannot take cognizance of the offence under.... []
Maintenance of Parents by Son/Daughter | Pandurang Case
The order for payment of maintenance may be directed to a son who is possessed of sufficient means. If there are two or more children, the parents may....[]
An Analysis of Singapore High Court’s Judgment on Homosexuality
The High Court of Singapore in its judgment dated 30th March, 220 Ong Ming Johnson v. Attorney-General and other matters upheld the legality of section 377A of the Singapore Penal Code criminalizing consensual sexual intercourse between two men. The section was challenged by LGBT activists on grounds of violating the fundamental rights of citizens e.g., … Continue reading An Analysis of Singapore High Court’s Judgment on Homosexuality
Asar Mohammad v. State Of Uttar Pradesh
In circumstantial evidence, when an incriminating circumstance is put to the accused who does not offer any explanation or states a false explanation then the same holds him guilty thus making the chain of circumstances complete.
Ramdas & Ors. v. State of Maharashtra
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.
Shanti v. State Of Haryana
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]
Animal Welfare Board Of India V A. Nagaraja & Ors
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)..
Sheikh Zakir v. State of Bihar
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.....
Dilip Kumar Mondal & Anr v. State Of West Bengal
In Exception 4 there must be a sudden fight where the parties of the altercation are equally guilty and not one party can be blamed for unilaterally starting it while in Exception 1, it is due to one person starting the provocation.
Criminal Law Research & Review 