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Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Rajasthan Court Caste Charges Public Act
[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court
1 month, 1 week ago

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court

Live Law  

The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law. The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in …

Trial Evidence Court Prosecution Fir Act Pat
Trial Courts Expected To Decide On Acceptability Of Advocate Commissioner's Report Before Proceeding With Trial: Kerala High Court
7 months, 1 week ago

Trial Courts Expected To Decide On Acceptability Of Advocate Commissioner's Report Before Proceeding With Trial: Kerala High Court

Live Law  

The Kerala High Court held that the Trial Courts should evaluate and decide regarding the acceptability of the Advocate Commissioner's Report and Plan before proceeding with the trial of the suit when a party to litigation moves an application challenging it. The Reference Court disposed of the interlocutory application with an order stating that the right of appellants to seek …

Property Title Reference Report High Appellants Respondent
Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
8 months, 3 weeks ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

Law Supreme Court Trial Court Witnesses Prosecution Recording
No Expert Opinion Produced To Show If Adulterated Mixture Was Sold Instead Of Petrol & Diesel : Supreme Court Quashes Chargesheet
1 year ago

No Expert Opinion Produced To Show If Adulterated Mixture Was Sold Instead Of Petrol & Diesel : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court recently quashed a chargesheet in a case where it was alleged that the appellants were cheating thousands of customers by supplying an adulterated mixture instead of petrol or diesel. The Court emphasized that the prosecution's reliance on the charge sheet without a supporting expert opinion on the nature of the liquid seized makes the case untenable. The …

Supreme Court Court Charge Report Respondent Fir Sheet
Kerala High Court Refuses To Suspend Sentence Of Men Accused Of Attempting To Travel To Syria For Joining ISIS, Says Not Safe To Release Them
1 year, 10 months ago

Kerala High Court Refuses To Suspend Sentence Of Men Accused Of Attempting To Travel To Syria For Joining ISIS, Says Not Safe To Release Them

Live Law  

The Kerala High Court has dismissed the applications seeking suspension of sentence of three persons, who were last year convicted for attempting to travel to Syria for allegedly joining the ISIS. The Division Bench of Justice Alexander Thomas and Justice Sophy Thomas noted that the Apex Court decision in Satender Kumar Antil vs. Central Bureau of Investigation that the delay …

India Kerala Evidence Court Bail Syria Kerala High Court
'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter
2 years ago

'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter

Live Law  

The Bombay High Court on Thursday upheld the life sentence of a 55-year-old man convicted for raping a minor girl stating that the appellant, being a fatherly figure in the girl's life, betrayed her trust. The court observed that the victim's evidence, corroborated by the medical and scientific evidence, indicates that she had been sexually assaulted by the appellant. The …

Evidence Court Victim Girl Appellant
Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences
2 years, 1 month ago

Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences

Live Law  

In a recent order, the Supreme Court of India has reiterated the importance of conducting a psychological evaluation of convicts who have been awarded death sentences. "However, we are of the view that the assessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance……In series of death …

Death Court Psychological Evaluation Bench Sentence Nashik
Wrongful Availment Of ITC: Chhattisgarh High Court Refuses Bail
2 years, 7 months ago

Wrongful Availment Of ITC: Chhattisgarh High Court Refuses Bail

Live Law  

The Chhattisgarh High Court bench headed by Chief Justice Arup Kumar Goswami and Justice Gautam Chourdiya has refused to grant bail to a person allegedly involved in availment of fraudulent Input Tax Credit. The appellants created several fictitious and physically non-existent trading company firms in Chhattisgarh, Jharkhand, Madhya Pradesh, West Bengal and Maharashtra, got them registered in GSTN portal online …

Court Bail Appellants Fir Filed Offence Raipur
Section 173 CrPC - Magistrate Should Consider Initial Report & Supplementary Report Conjointly To Decide Whether To Proceed Against Accused : Supreme Court
2 years, 9 months ago

Section 173 CrPC - Magistrate Should Consider Initial Report & Supplementary Report Conjointly To Decide Whether To Proceed Against Accused : Supreme Court

Live Law  

The Supreme Court has observed that a Judicial Magistrate should consider both the initial final report submitted under Section 173 CrPC and the supplementary report submitted under Section 173 before deciding whether there is ground for presuming that the accused has committed an offense. The judgment held : "In view of the clear position of law which has been enunciated …

Supreme Court Court Accused Report Appellants Fir Reports
Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

Medical Supreme Court Murder Evidence Witness Witnesses Medical Evidence