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 ...
Sweeping and mechanical implications of even distant relatives in the Section 498A offence dilute the intent with which the provision was introduced, the Court said.
The Court noted that certain inconsistencies in the written law had led to confusion over whether a written complaint from a court was needed before the police could register an FIR in such cases.
Where Parliament has legislated after deliberation, courts should be cautious about effectively suspending central penal statutes without broader consultation.
The Court stressed that while a corporate debtor may be protected during insolvency, the liability of its directors and signatories is personal and continues despite liquidation.
The article discusses technical compliance when drafting statutory notices under the Negotiable Instruments Act, with reference to the Supreme Court's ruling in Kaveri Plastics v. Mahdoom Bawa Baharud ...
The petitioner said that giving prosecution officials power to “examine and scrutinise” chargesheets intrudes into police investigation and violates Articles 14 and 21.
Court added that mere general allegations of harassment, without specific details, are insufficient to sustain criminal proceedings against any person.
Section 498-A of the IPC was introduced to protect women, but an increased tendency to implicate the husband's relatives for malicious reasons would be its utter misuse, the Court said.