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RAJVEER

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful

RAJVEER SINGH  |  13 Aug 2024
Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful

The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the…

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RAJVEER

Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act

RAJVEER SINGH  |  13 Aug 2024
Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act

The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act,…

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RAJVEER

To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It

RAJVEER SINGH  |  13 Aug 2024
To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the…

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RAJVEER

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases

RAJVEER SINGH  |  13 Aug 2024
Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases

The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The Judgment was handed down by a three-judge Bench of Justices B.R Gavai, K.V Vishwanathan and Sandeep…

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RAJVEER

If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence

RAJVEER SINGH  |  13 Aug 2024
If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence

The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favoring the innocence of an accused must be takenSetting aside the impugned findings…

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RAJVEER

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal

RAJVEER SINGH  |  13 Aug 2024
Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal

Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view…

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RAJVEER

Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled

RAJVEER SINGH  |  13 Aug 2024
Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled

In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out…

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RAJVEER

Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record

RAJVEER SINGH  |  13 Aug 2024
Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record

The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances…

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RAJVEER

Legal Opinion on Defending Against Claims Based on Release Deeds in Ancestral Property

RAJVEER SINGH  |  13 Aug 2024
Legal Opinion on Defending Against Claims Based on Release Deeds in Ancestral Property

Background:Ancestral Property and Koorchit of 1973: The ancestral property was divided between two branches of a family by way of a Koorchit (family partition deed) in 1973.Sale of Share by One Branch: One branch of the family had sold their…

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RAJVEER

The International Court of Justice (ICJ) issued its advisory opinion on legal consequences arising from Israel's policies and practices…

RAJVEER SINGH  |  6 Aug 2024
The International Court of Justice (ICJ) issued its advisory opinion on legal consequences arising from Israel's policies and practices in Palestine

On July 19, 2024, the International Court of Justice (ICJ), delivered its Advisory Opinion on the legal consequences of Israel's policies and practices in the Occupied Palestinian Territory, including East Jerusalem. This opinion was given at the Peace Palace in…

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