A combined reading of Section 141 and Section 149 IPC (supra) show that an assembly of less than five members is not unlawful assembly within the meaning of Section 141 and cannot, therefore, form the ...

AIR 1981 SC 1390, while dealing with this issue, this Court observed as under: In the depositions of witnesses there are always normal discrepancies, however honest and truthful they may be. These ...

The complainants have denied the receipt of letter dated 3.4.1985 written by the appellant No. 2 to the father of the deceased, referred to hereinabove. However, the appellants have produced the ...

Learned counsel on behalf of the accused has also submitted that this a fit case to draw adverse inference against dropping of Rajesh PW6 and non-examination of his brother Sanjay Mesta who were ...

23. Every accused is presumed to be innocent unless his guilt is proved. The presumption of innocence is a human right. Subject to the statutory exceptions, the said principle forms the basis of ...

The Delhi High Court, while considering the challenge under Section 34, upheld the arbitral award and dismissed the petition.

17. The contention is refuted by the learned counsel for the petitioner by stating that in spite the observation that the petitioner was not permitted to raise the issue, the arbitrator chose to go ...

At the very outset, it must be unequivocally stated that the offences registered under the SC/ST Act against respondent nos. 2 to 7 at ...

The High Court rejected this line of defence​ The court noted that as on the date of the impugned order, namely 11 November 2022, no amendment application was before the trial court. It further ...

The success of a POCSO trial often depends not merely on what evidence is produced, but on how that evidence is appreciated. In cases of child sexual abuse, the courtroom must remain a place of legal ...

An appeal against acquittal is "altogether on a different pedestal". The appellate court must remain cautious, as reversing an acquittal takes away the liberty of a person who has already been ...

When a minimum term of imprisonment or fine is set, the court can impose a higher sentence based on the following aggravating factors: (a) Violence or Arms: Use or threat of use of violence or weapons ...