No Grave Suspicion Against Accused Archives - Shades of Knife

Dr Gaurav Paul Vs Dr Deepali Arora on 07 May 2016

ShadesOfKnife — Wed, 25 Nov 2020 14:34:11 +0000

All the members of the family accused of 498A IPC offence were discharged as there was no material to prosecute them. There was once a time when copy of complaint in a 498A IPC case was not given to accused, to exercise FIR Quash etc. Had to file RTI application to Police CPIO !!!

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Yogesh @ Sachin Jagdish Joshi Vs State of Maharashtra on 28 April, 2008

ShadesOfKnife — Sat, 09 Nov 2019 17:13:35 +0000

The Apex Court had held that, “15. It is trite that the words “not sufficient ground for proceeding against the accused” appearing in the Section postulate exercise of judicial mind on the part of the Judge to the facts of the case in order to determine whether a case for trial has been made out […]

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Chandra Shekhar Alias Lalla Vs The State Of Madhya Pradesh on 24 April, 2018

ShadesOfKnife — Sat, 02 Jun 2018 06:14:37 +0000

Another wonderful judgment from Hon’ble Apex Court in regards to the principle if grave suspicion exist the trial court should commit the case to trial. A lot of judgments are citing herein.

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CBI, Hyderabad Vs K. Narayana Rao on 21 September, 2012

ShadesOfKnife — Sat, 02 Jun 2018 06:02:39 +0000

This Judgment from Apex Court based on Sajjan Kumar case affirms that the liability against an opining advocate arises only when the lawyer was an active participant in a plan to defraud. 22) … In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing […]

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Dilawar Balu Kurane Vs State of Maharashtra on 8 January, 2002

ShadesOfKnife — Fri, 01 Jun 2018 19:24:21 +0000

Nice judgment from Apex Court regarding discharge of an accused under S 227 of CrPC. In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the said section has the undoubted power to sift and […]

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Union of India Vs Prafulla Kumar Samal and Anr on 6 Nov 1978

ShadesOfKnife — Fri, 01 Jun 2018 13:37:03 +0000

Awesome judgment from Hon’ble Apex Court whereby a person is discharged under section 227 Cr.P.C. from the offence under Prevention of Corruption Act. From Para 3 The short point which arises for determination in this case is the scope and ambit of an order of discharge to be passed by a Special Judge under section […]

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