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 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.
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.
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 ...
Under this section, the accused is given an opportunity to offer an explanation after the Prosecution has closed evidence. This opportunity is a valuable right and cannot be brushed aside lightly, the ...
The petitioner, who runs a cybersecurity company, had argued that disclosure of his name in relation to the matrimonial case was making it difficult for him to pursue business engagements.
The Court was dealing with a road accident case in which the insurance company moved an execution petition in November 2017 in relation to an order passed in May 2005.
The apex court’s nuanced view outlines the procedural frameworks applicable to conciliation and arbitration, striking a judicious balance between the rights of MSMEs and the statutory framework of lim ...
At the same time, severance may be permissible depending on the facts, allegations, and evidence, but not if it undermines the safeguard built into Section 195(1)(a)(i) CrPC, Court added.
The Court said that under Section 42A of the Arbitration and Conciliation Act, arbitral proceedings are confidential and permitting a stranger to observe the proceedings would breach this statutory ma ...
The FIR was lodged by Assam Police for an article published by The Wire with regard to Indian defence attache's comments about loss of Indian Air Force fighter jets to Pakistan.