The Court explained that Section 313 CrPC envisions a reasonable opportunity to be given to accused where adverse evidence is presented in the form of questions for them to articulate their defence.
The High Court said that mixing of the distinct facts and questions does not give a fair opportunity to the accused to explain the circumstances and this may vitiate the trial.
The Court said that the questions to the accused must be framed in simple language and only incriminatory evidence must be picked out from oral and documentary evidence.
Solicitor General Tushar Mehta who commenced his arguments in the PMLA case before the Supreme Court on February 23, gave a slew of statistics and international data on the origins of PMLA and functio ...
Section 172 BNSS is being misused to detain people heading to protests by borrowing powers from other chapters, bypassing magistrate review and enabling preemptive, out-of-jurisdiction stops.
The Court, however, will examine a challenge to individual prohibitory orders and a challenge to Section 172 BNSS, which gives the police the power to detain people who obstruct the performance of pol ...
Why minor procedural lapses are not fatal to the prosecution - A view from the Supreme Court's ruling in the Bharat Aambale case and allied precedents.
The High Court relied on the Supreme Court's decision in Dechamma IM @ Dechamma Koushik v State of Karnataka in which it was held that a girlfriend of a married man cannot be construed as his relative ...
The dispute concerns whether income-tax reassessment notices can be issued by jurisdictional officers or must be issued through the faceless assessment system.
Soparkar discusses the readiness of Gujarat’s legal ecosystem for institutional arbitration, judicial pendency and the scope of arbitration in tax and commercial disputes.
Can Parliament, by ordinary legislation, fetter the States' competence to tax mineral-bearing land under Entry 49 of the State List, a competence confirmed in MADA v Steel Authority of India?
While the enforceability of an exclusion of entire liability clause might pose challenges, a limitation of liability clause and an exclusion of liability clause would ordinarily be valid under Indian ...
Section 29A of the Arbitration Act aims to curb delays, with courts allowing extensions for “sufficient cause” and clarifying issues like awards after expiry, arbitrator substitution, and jurisdiction ...