Section 18A – SC/ST Act, 1989 – Constitutional Validity – The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A(i) shall not apply. Also, it has overruled the previous judgement of Dr.SUBHASH KASHINATH MAHAJAN Vs. THE STATE OF MAHARASHTRA & ANR – (2018) 6 SCC 454.
The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to forum shopping or double jeopardy. The offence under section 420 IPC is made during the issuance of... Read more » Read more »
Evidence Law – Appreciation of Testimony – Minor contradictions in the testimony, while appreciating the evidence in criminal trial -contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. Read more »
The Hon’ble Supreme Court while deciding an SLP against an order of MP High Court dismissing the appellant’s revision application held that S.132 of The Evidence Act, 1872 does not provide absolute immunity to the witness making self-incriminating statements as the same could be abused by an influential person with the help of a dishonest... Read more » Read more »
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