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Criminal trial – State – Director of Prosecution – Role of .

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Legal Services Authorities Act, 1987 – Partition Suit  – Even if the petitioners are said to have signed the compromise petition but still the award of the Permanent Lok Adalat has to be quashed in view of the fact that Permanent Lok Adalat can only resolve dispute in relation to public utility services. [PLRonline 459674]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

The LAWS OF MANU – Manusmriti

CPC O. 39 R. 1 and 2  –  Status quo – Vacated  – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

Electricity Act, S. 2(5) – Constitution of India, Art. 226  –  Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded –  However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]

Limitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge –  Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]

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Bail – Cancellation of bail and quashing and setting aside the wrong order passed by the High Court releasing the accused on bail stand on different footings

Whether the employees of the board/societies, who are autonomous bodies can claim parity in the pay-scale and/or other benefits which may be available to the Government employees - No.

Home Various Acts

Criminal trial – State – Director of Prosecution – Role of .

by Punjab Law Reporter
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criminal trial – Director of Prosecution – State  – Role of  – By not filing the appeals by the State against the impugned judgments and orders releasing the accused on bail in such a serious matter, the State has failed to protect the rights of the victim –  This was the fit case where the State ought to have preferred the appeals challenging the orders passed by the High Court releasing the accused on bail – In criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interest of the community to book – Even the Director of Prosecution has failed to perform his duties in the instant case – The post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned – It is the duty of the Director of Prosecution to take prompt decision – Given that crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in the administration of justice is crucial –  He is appointed by the State Government in exercise of powers under Section 25A of the Code of Criminal Procedure –  He has a crucial role with a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the Chief Justice of the High Court – Stand of the State that it takes time to take a decision whether to prefer an appeal or not is not acceptable –  The State ought to have been very serious even to maintain the rule of law in a serious matter like this where a person was brutally murdered/killed while he was just collecting scrap outside the factory with his wife and aunt – It is the duty of the Director of Prosecution and the State to ensure that the guilty are booked and punished –  We hope and trust that in future the State Government/legal department of State Government and the Director of Prosecution shall take prompt decision in matters such as this and challenge the order passed by the trial court and/or the High Court as the case may be where it is found that the accused are released on bail in serious offences like the present.

read HERE 2022 SCeJ 65

JAYABEN v. TEJAS KANUBHAI ZALA , 2022 SCeJ 65

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Tags: Criminal Trial, Criminal trial - State - Role of
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