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 ...
If the holder is deprived of his authority and control over the bank account, it cannot be said that the account was being maintained by him, the Court observed.
The article ponders over the recent decision of Karnataka High Court in Commissioner of Customs v. Jyothi C. Jain & Ors. which dealt with the scope of Section 138B of the Customs Act.
The Court also said that if the referral court finds prima facie that a party is not a proper party to the arbitration, the matter cannot then be referred to the arbitral tribunal.
The article tests the penalty rule under English law as discussed in Cavendish v Makdessi against Section 74 of the Indian Contract Act which governs Conditional Primary Obligations in India.
Sections 138 and 143A of the Negotiable Instruments Act, 1881, collectively reinforce the credibility and reliability of cheques as a financial instrument.