Articles for Discharge Application

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
4 months, 4 weeks ago

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

Live Law  

The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC. The Court laid down the …

Trial Evidence Court Application Discharge Case Judge
Ahmedabad Court Rejects Teesta Setalvad’s Discharge Application In Case For Alleged Fabrication Of Evidence In Relation To Gujarat Riots
1 year, 5 months ago

Ahmedabad Court Rejects Teesta Setalvad’s Discharge Application In Case For Alleged Fabrication Of Evidence In Relation To Gujarat Riots

Live Law  

One day after activist Teesta Setalvad’s bail plea was allowed by the Supreme Court, a city sessions court in Gujarat’s Ahmedabad dismissed her discharge application in relation to the allegation of fabrication of evidence to implicate high government functionaries in the 2002 Gujarat riots cases. Background Civil rights activist and secretary of NGO ‘Citizens for Justice and Peace’ Teesta Setalvad …

Evidence Court Gujarat Application Discharge State High
Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
2 years, 11 months ago

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]

Live Law  

Code of Criminal Procedure, 1973On Bail and Anticipatory Bail An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge SheetA bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be. Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To …

Law India Karnataka Odisha Kerala Supreme Court High Court
Supreme Court Weekly Round Up [April 12 to April 18, 2021]
3 years, 8 months ago

Supreme Court Weekly Round Up [April 12 to April 18, 2021]

Live Law  

Private Vehicle Is Not A "Public Place" As Explained In Section 43 NDPS Act: Supreme CourtCase: Boota Singh Vs State Of Haryana Citation : LL 2021 SC 218The bench comprising Justices UU Lalit and KM Joseph observed that a private vehicle would not come within the expression "public place" as explained in Section 43 of the Narcotic Drugs and. Private …

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Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court
3 years, 8 months ago

Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court

Live Law  

The Supreme Court observed that defence on merits is not to be considered at the stage of framing of the charge and/or at the stage of discharge application.At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible, the bench comprising Justices DY Chandrachud and MR Shah said.In this case, the Special …

Supreme Court Court Charge Application Discharge Accused Chandrachud