All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]

Read the First Part Here [Part-1 - Introduction] PART-IISTAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. Such "confession" or "statement" can be recorded either during the course of an investigation or at any time thereafter but before the commencement of inquiry or trial. The investigation referred to under Section 164(1) can either be under Chapter...

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

P R O L O G U EWhat prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. 794 of 2014 (Ali K.B. v. State of Kerala 2019 (1) KHC 898). 2. The case before the High Court was a murder case. The learned Judges were considering the testimony of PW2 the sole eye witness in the...

Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?

The admissibility of evidence in Courts in India is dependent on its relevancy as per the provisions of Indian Evidence Act.Illegality or impropriety in obtaining the evidence will not affect its admissibility, if it is otherwise relevant.Test of admissibility of evidence lies in its relevancy and not on how it was obtained.In Kuruma v The Queen [1955] AC 197 the Privy Council laid down that...

SC Reiterates Basic Principles Of Judicial Review Of Administrative Decisions [Read Judgment]

"Judicial review under Article 226 is directed, not against the decision, but the decision making process."

Plaint Can Be Rejected If Suit Is Clearly Barred By Limitation: SC [Read Judgment]

"Considering the averments in the plaint if it is found that the suit is clearly barred by law of limitation, the same can be rejected in exercise of powers under Order 7 Rule 11(d) of the CPC."

When Can Transposition Of Defendants As Plaintiffs Be Permitted? SC Answers [Read Judgment]

"The powers of the Court to grant such a prayer for transposition are very wide and could be exercised for effectual and comprehensive adjudication of all the matters in controversy in the suit."

When Can A 'Cheque Bounce' Complaint Against Director Of Company Be Quashed? SC Answers [Read Judgment]

"The law requires that the complaint must contain a specific averment that the Director was in charge of, and responsible for, the conduct of the company’s business at the time when the offence was committed."

Sale Of Minor's Property By Guardian Can Be Avoided Only By Filing Suit To Set Aside Deed Within Period Under Art.60 Limitation Act : SC [Read Judgment]

Sale of minor's property without Court's leave voidable and not void; so deed has to be set aside

Entire Testimony Of Witness Cannot Be Discarded Merely Because Part Of It Was Found To Be False, Reiterates SC [Read Judgment]

“The entire testimony of the witnesses cannot be discarded only because, in certain aspects, part of the statement has not been believed.”

Injury On Vital Part Not An Essential Ingredient Of Section 307 IPC (Attempt To Murder): SC [Read Judgment]

"If the assailant acts with the intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would be applicable"

Mere Inability To Repay Loan Does Not Constitute 'Cheating': SC [Read Judgment]

“The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.”

Is Amendment Of Pleadings Allowed After Commencement Of Trial? SC Explains [Read Judgment]

"Though normally amendments are allowed in the pleadings to avoid multiplicity of litigation, the Court needs to take into consideration whether the application for amendment is bona fide or mala fide and whether the amendment causes such prejudice to the other side which cannot be compensated adequately in terms of money."