IV (2013) CCR 209 (SC)REMISSION OR COMMUTATION OF SENTENCE — Minimum sentence provided for any offence cannot be and shall not be remitted or commuted by Government in exercise of their power under Section 432 or 433 of Cr.P.C. IV (2013) CCR 195 (SC)BAIL — When an application for regular bail is moved, Trial Judge shall be free to deal with the matter as per law without being influenced by the factum that there had been an order of cancellation of bail — It is duty of superior Courts to follow command of statutory provisions and be guided by precedents and issue directions which are permissible in law.IV (2013) CCR 107 (SC)COMMON OBJECT — Alteration in Conviction — If a person is a mere bystander and no specific role is attributed to him, he may not come under the wide sweep of Section 149, IPC.IV (2013) CCR 101 (SC)RAPE — “Consent” — Consent for the purpose of Section 375, IPC, requires voluntary participation not only after exercise of intelligence based on knowledge of the significance and moral quality of act but after having fully exercised choice between resistance and assent. IV (2013) CCR 92 (DB)EVIDENCE — Burden of proof — Murder — Help of Section 106 of Evidence Act cannot be taken if prosecution itself has failed to discharge its onus of conclusively establishing guilt of accused based on circumstantial evidence.IV (2013) CCR 89 (SC)POWER OF ATTORNEY HOLDER — Agent of grantor — When grantor authorises attorney holder to initiate legal proceedings and the attorney holder accordingly initiates such legal proceedings, he does so as agent of the grantor and initiation is by grantor represented by his attorney holder and not by attorney holder in his personal capacity.IV (2013) CCR 89 (SC)POWER OF ATTORNEY HOLDER — Filing of complaint petition under Section 138 of N.I. Act through power of attorney is perfectly legal and competent — Power of attorney holder can depose and verify on oath before Court in order to prove contents of complaint.IV (2013) CCR 73 (SC)BAIL — Appeal from order of Special Court under NIA Act, refusing or granting bail shall lie only to a Bench of two Judges of High Court.LIKE US ON FACEBOOK// DLT PUBLICATIONSLike·Comment·Share·Follow
Posted on: Thu, 31 Oct 2013 15:32:33 +0000
Trending Topics
Recently Viewed Topics
© 2015