Civil Procedure Code, 1908, Section 151, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Proclaimed offenders - Mere fact that respondents being declared as proclaimed offenders, appearance and examination through video conferencing would not bar criminal proceedings as per criminal law - Application rightly allowed...........
Evidence Act, 1872, Section 8 -- Motive - Motive in criminal jurisprudence is important but cannot substitute proof...........
Criminal Procedure Code, 1973, Section 156(3), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 27(9) -- Direction to register FIR by Child Welfare Committee - Child Welfare Committee is not empowered to direct police to register FIR - Child Welfare Committee is only empowered to forward a report to Juvenile Justice Board or to concerned police..........
Criminal Procedure Code, 1973, Section 219 -- Clubbing of cases - Cross cases - Direction issued that in all cases where cross cases are registered or cases which have link with same incident, information thereof shall be furnished in chargesheet/challan/final report, whenever same is filed in Court - This enables Court concerned to take appropriate steps and get trials in..........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - State is under constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence...........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Proceedings u/s 124-A of the Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by principles of preponderance and probabilities - Once the foundational facts of (i) possession or issuance of a valid ticket, and (ii) occurrence of an..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR does not make prosecution case improbable when such delay is properly explained, but a deliberate delay in lodging FIR may prove fatal...........
Criminal trial -- Solitary witness - Corroboration - There is no rule of law that corroboration is necessary to prove testimony of solitary witness...........
