Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Sentence - Appellant has already undergone a substantial period of incarceration being about 9 years and 9 months without remission - Matter pertains to the year 1999 and appellant is presently aged about 46 years - S.307 IPC being punishable with imprisonment up to ten years and having regard to facts and..........
Criminal Procedure Code, 1973, Section 161 -- Statement of accused not reduced to writing u/s 161 Cr.P.C. - Does not in any manner vitiate the trial Court proceedings or prosecution case...........
Criminal trial -- Sole testimony of police officer - Police officer can be sole witness in a criminal case - If testimony of police officer is reliable, trustworthy and cogent, it can form the basis of conviction and absence of some independent witnesses of locality does not in any way affect credit worthiness of prosecution case...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of Code - Quadripartite agreement - Dispute which is predominately contractual in nature and is subject matter of proceedings before DRT-appropriate forum for recovery - Deposit made pursuant to order of DRT further indicates that matter is actively being adjudicated in appropriate proceeding - Permitting..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 338, 248 -- Engaging counsel for private person to assist public prosecutor - Counsel of private person not permitted to make oral arguments and cross-examine witnesses - He can only file written arguments under the instructions of public prosecutor with permission of Court but only after closing of evidence in the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Indian Penal Code, 1860, Section 120B -- Abetment and criminal conspiracy - Scope - S.29 NDPS Act is almost pari materia in its spirit to S.120-B IPC and the contention that non-invocation of S.120-B IPC vitiates the case is misconceived...........
Criminal Procedure Code, 1973, Section 408 -- (Bharatiya Nagarik Suraksha Sanhita, S.448) - Transfer of case - While considering a transfer petition, paramount consideration is whether such transfer is necessary for ends of justice - Convenience of parties, particularly that of a woman litigant, possibility of avoiding multiplicity of proceedings and overall balance of..........
Negotiable Instruments Act, 1881, Section 138, 142(2), Criminal Procedure Code, 1973, Section 408 -- (Bharatiya Nagarik Suraksha Sanhita, S.448) - Dishonour of cheque - Transfer of case - Petitioner is a woman residing at Nellore and has to travel a distance of approximately 100 Kms on each occasion of hearing to attend proceedings at Sullurpet - Several disputes between..........
