38. The language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below. The same is an obligation, power ...

The Court's most innovative reasoning lay in integrating procedural requirements with constitutional guarantees. Justice Karol observed that "personal liberty cannot be cut down without fair legal ...

The Jitendra Kumar Rode judgment represents more than a procedural victory—it exposes the inadequacy of traditional ...

Exhibit P-75 was marked through PW-30, the handwriting expert, and not even by the I.O. At least if the I.O. had identified and marked the specimen writings and signatures of A-7 as Exhibit P-75, it ...

As may be seen, the first proviso to Section 17A refers to cases wherein a public servant is charged with acceptance of an undue advantage or attempt thereof. A prior approval or sanction to ...

If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid ...

This matter is placed before this Court to decide a reference sought by the learned District Judge, Karur, under Section 395 of the Code of Criminal Procedure, 1973, with regard to the jurisdiction of ...

Courts have established that "since section 31 says that a Special Court appointed under the POCSO Act is deemed to be a Court of Sessions under the Cr.P.C., the provisions of section 439 Cr.P.C., for ...

1. Applicant is in judicial custody in Case Crime No.0317 of 2022, under Sections 376 (3), 506 IPC and Section 5 (j) (ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station ...

The treatment of witnesses under religious vows of silence represents a remarkable achievement in legal accommodation. By interpreting Section 119 of the Evidence Act to include those bound by ...

The grounds of arrest are conveyed to the Petitioner within 4 minutes of his arrest. The communication of the grounds of arrest are indicated based on the diary entry as well as the contemporaneous ...

Note: This checklist is based on constitutional mandates and Supreme Court judgments. It must be used in conjunction with current legal provisions and recent judicial pronouncements. When in doubt, ...