Explainer on this judgment Elvish Yadav Vs. State of U.P. and Ors.Hon’ble Judges/Coram:M.M. Sundresh and N. Kotiswar Singh, JJ.
1. Cognizance under Wildlife Act: Police Chargesheet Is Not a “Complaint”The Supreme Court’s starting point is Section 55 of the Wild Life (Protection) Act, 1972, which clearly…
We, therefore, modify clause 8.2(iii), which shall be read as follows:“iii. Police shall be at liberty to arrest persons within Court Premises or use necessary force in order: (a) to prevent the occurrence of a cognizable offence within the Court Premises, (b) to arrest the accused/suspect where on committing an offence, such accused/suspect can …
This Court in the case of Ramesh Kumar Vs. The State of NCT of Delhi in Criminal Appeal No.1741/2023 @ of SLP (Crl.) No.2358/2023 decided on 04.07.2023 has opined or in other words expressly deprecated the practice of imposing such conditions and observed “the Court should refrain from imposing the conditions which have no nexus …
A Magistrate must conduct an inquiry himself or direct an investigation under Section 225 BNSS before issuing process against an accused who resides outside the territorial jurisdiction of the Court. Direct issuance of summons or process without complying with the mandatory procedure under Section 225 BNSS is impermissible. IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE…
The Appellant contends that the expression “departmental or judicial proceedings” in Rule 69(1)(c) must be construed to mean that gratuity becomes payable upon the conclusion of either set of proceedings.12. Such a submission totally misapprehends the nature of the Rule. As the learned Single Judge had rightly noted at the first instance, Rule 69(1)(c) …
Insofar as the submission advanced by ShriSharma, learned AAG appearing for the State ofAssam, that the co-accused, Salim Uddin @ Salim,has implicated the accused-respondent in histestimony/confession is concerned, we are leastpersuaded by the said submission, having regard tothe limited evidentiary value of such a statement inlaw. In this regard, we may gainfully refer toconstitution …
However, we are of the view that the High Court clearly fell into error in affirming the conviction of the accused-respondent for the offence punishable under Section 201 of the IPC.35. It is not in dispute that the accused-respondent has not preferred any appeal challenging his conviction for the said offence. However, the …
It is an admitted case as evident from recordthat the solitary circumstance relied upon by theprosecution to connect the accused-respondent withthe crime was the recovery of the umbrella made infurtherance of his disclosure statement recorded bythe Investigating Officer under Section 27 of theEvidence Act. The High Court held that…
There could be variety of situations and eventualities in which for the grant of relief it would become imperative for the court to pass an order without waiting for the service of notice to the informant/ victim. For example, prima facie case is not made out under the act and liberty of such individual is …
The third issue pertains to legal character of the admission of a claim by the IRP/RP and whether such admission can be construed as admission of liability so as to extend the period of limitation Under Section 18 of the 1963 Act. At the outset, it must be noted that scope and ambit of Section …
