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The phrase Honourable Acquittal is neither defined in Criminal Procedure Code (CrPC) nor defined in Indian Penal Code (IPC). However, the Hon’ble Supreme Court in a plethora of cases has deliberated on the issue (of honourable acquittal) to clarify the concept and its wide ramifications 1. Introduction Acquittals play a crucial role in the criminal…
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The Supreme Court of India in Manohar Lal Sharma vs. Principal Secretary and ors., (2014) 2 SCC 532 held- 29. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters.…
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“This tendency can be curbed only if courts across the system adopt an institutional approach which penalizes such behavior. Liberal access to justice does not mean access to chaos and indiscipline. A strong message must be conveyed that courts of justice will not be allowed to be disrupted by litigative strategies designed to profit from…
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The Supreme Court of India has emphasized that providing a copy of the FIR to the accused is an essential step for ensuring fairness in the criminal justice system. It allows for a well-informed defense and promotes justice in criminal trials. In Youth Bar Association vs Union of India, WP(Crl.) 68/2016, the Supreme Court issued…
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A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is a non-speaking order, i.e. it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine…
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Who is a Necessary Party? Who is a Proper Party? Landmark Supreme Court Judgment on the difference between a ‘necessary party’ and a ‘proper party’. The Supreme Court of India in Mumbai Intl Airport Pvt Ltd vs. Regency Convention Centre & Hotels Pvt. Ltd. & Ors., (2016) 2 SCC 779 held- “15. A “necessary party” is a person who ought to…
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“13.3. …purposive interpretation needs to be given to the provisions of Section 125 CrPC. While dealing with the application of a destitute wife or hapless children or parents under this provision, the Court is dealing with the marginalised sections of the society. The purpose is to achieve “social justice” which is the constitutional vision, enshrined…
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