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Supreme Court: Hearing Of Accused Necessary When Cognizance Taken After BNSS Came Into Force, Though Complaint Filed Earlier

record the complaint and requiring the complainant’s. presence for taking evidence, as also the second order. passed finding ...
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The 90-Day Rule: How BNSS Ended Police Silence Over Your FIR

Under the CrPC regime, the informant's statutory journey effectively paused the moment the FIR was registered. There was no ...
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Bombay HC: Hearsay evidence of a witness is not admissible unless the narrator is examined and states that he had narrated that fact to the witness

Now let us examine whether what was heard by prosecution witnesses viz., PW2 Nandkumar Pol, PW3 Sunita Pol and PW4 Duryodhan Kadam allegedly from the victim minor child aged about 3 1/2 years ...
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Bombay HC: Possession of weapon does not amount to offence under Arms Act if prosecution fails to prove notification banning possession of certain weapons

Prosecution under Section 4 of the Arms Act is maintainable only when there is a notification thereby banning possession of the certain weapons. It is not produced on record. Even though one witness P ...
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Panchnama Under BNSS: The Document That Can Make or Break a Criminal Case

A panchnama is a contemporaneous memorandum recording the observations of independent witnesses ("panchas") during a search, seizure, recovery, discovery or scene inspection. It is not a witness ...
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Place Of Insurer's Office Doesn't Confer Territorial Jurisdiction For Motor Accident Claim : Supreme Court Explains S.166(2) MV Act

In the present case, the claimant himself impleaded the insurer as a party to the claim application and it raised an objection to territorial jurisdiction before the Tribunal itself. As the claim ...
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The Shrinking Gatekeeper: How Far Can Negative Competence-Competence Really Go?

The Bench—headed by Chief Justice Dr. Dhananjaya Y. Chandrachud—offered a now widely quoted description of the doctrine’s two ...
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Supreme Court: Witness Testimony Recorded Without S.299 CrPC Order Can't Be Later Used Against Accused Who Absconded

Ratio: A formal order under Section 299 Cr.P.C. conclusively finding two jurisdictional facts—that the accused is absconding and there is no immediate prospect of arresting them—is mandatory. Without ...
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Bombay HC: The doctor's admission that the victim's injuries could have been caused by falling on the road, combined with the existing enmity between the parties, constitutes ...

It is observed that the Trial Court had considered the answers given by P.W. 7 Dr. Joshi, during his cross-examination that the injuries sustained by P.W. 1 and 2 could have been possible by fall on ...
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Bombay HC: Can deleting sister's name from the revenue records mean that she has given up your share in an ancestral property?

Gat No.28 admeasuring 28.3 R as his share in the ancestral properties. the Plaintiff either in respect of Gat No.28 or in respect of Gat No.27. Interim Application and the same is disposed of.
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Instagram Chat With Student Cannot Be Sole Material To Deny Bail': Bombay High Court Grants Bail To Tuition Teacher In POCSO Case

Sunil Sundar Gandhi Vs State of Maharashtra and Anr. 1. Heard Mr. Mundargi, learned Advocate for Applicant, Mr. registered with Mahad Police Station for the offences punishable under Sections 4, 8, 10 ...
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P & H High court: The presence of doctors or the chemists for proving medicine bills must be confined only to extraordinary situations where the documents themselves are ...

The Tribunals must be more pragmatic in their approach while dealing with the cases for motor accident victims and invoke the power which is vested in them under Sections 168 and 169 in such a fashion ...