Criminal trial -- Gunshot cases - Gunshot cases wherein nature of death (suicidal, accidental or homicidal) is not ascertainable from direct evidence, multiple factors are taken into account for arriving at a conclusion - Such factors include, but are not limited to, point of entrance, size of wound, direction of wound, position of wound, possible distance of gunshot,..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Scope of revision against acquittal filed by a private party is very limited - Only in exceptional cases where there is some glaring defect in procedure or manifest error or illegality, perversity or infirmity in judgment of lower Court which had resulted in flagrant miscarriage of justice,..........
Evidence Act, 1872, Section 3 -- Interested/related witness - Where eye witnesses are interested witnesses being related to deceased it does not render their evidence suspect and all that is required in such cases is to carefully analyze the evidence - If after careful scrutiny, testimony of such an interested/related prosecution witness is found acceptable then it should..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by wife - Wife forgave and condoned criminal acts/crimes of husband towards her - She has credibly explained this by saying that she wanted to save husband as also his job as a teacher - Attempt of husband to take advantage of dismissal and closure of earlier crimes and cases against him could surely not..........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
Commercial Courts Act, 2015, Section 12A -- Commercial suit - Provision of S.12-A of Commercial Courts Act - Law as to : (i) S.12A of the Act by is mandatory in nature and declaration of mandatory nature of S.12-A of the Act relates back to date of Amending Act; (ii) Any suit which is instituted under the Act without complying with S.12-A of the Act is liable to be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of FIR - Offence when more or less is in the nature of a private offence such like in matrimonial cases, commercial disputes, money matters and some other offences of lighter nature, which does not affect public interest at large, then certainly in the given facts and circumstances of each and every case,..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Mere fact that accused is shown to be involved in two more cases of similar nature, that alone cannot be a ground to deny benefit of bail - Bail granted...........
