Legally Sane

On 22/04/2022, A Division Bench of Hon'ble Supreme Court of India in Writ Petition (Criminal) No. 49 of 2022, titled Ram Chander Vs. The State of Chhattisgarh & Anr. has discussed the laws touching upon the following areas - *Judicial Review of the Power of Remission *The Value of the Opinion of the Presiding Judge In the present case, Petitioner was sentenced to life imprisonment for committing the offence of murder and spent 16 years in jail without remission and submitted an application for premature release which was rejected by the State on the ground that the Presiding Officer (whose opinion was sought under section 432(2) of Cr.P.C.) opined against releasing the Petitioner on remission. In 2022, Petitioner had completed 20 years of imprisonment and his remission request was again rejected on the same ground.  Hence, the Petitioner has instituted a writ petition Under Article 32 of the Constitution of India seeking direction for his premature release.  Judicial Revie...

On 22/04/2022, A Division Bench of the Hon’ble Supreme Court of India in Criminal Appeal Nos. 430-431 of 2015 titled Jafarudheen & Ors. Vs. The State of Kerala, has reiterated the laws relating to- Scope of Appeal filed Against the Acquittal  The Effect of delayed FIR Registration The Effect of Delay in Recording of Statements U/s 161, Cr.P.C.  Discovery U/s 27, IEA   Scope of Appeal filed against the Acquittal While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly when evidence on record has been analyzed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused . Thus, the Appellate Court has to be relatively slow in reversing the order of the Trial Court rendering acquittal. Therefore, the presumption in favour of the accused does not get weakened but only strengthened . Such ...

On 22/03/2022, A Division Bench of the Hon’ble Supreme Court of India in Criminal Appeal No. 463 of 2022 titled Vijay Kumar Ghai & Ors. Vs. The State of West Bengal & Ors., has reiterated the law related to the theory of Forum Shopping, quashing of criminal proceedings, criminal breach of trust, and cheating, wherein, SMC Global Securities (Respondent) invested an amount of Rs. 2.5 Crore with M/s. Priknit Apparels (Appellant) and therefore an allotment letter was issued in favor of the Respondent whereby 2,50,000 shares were issued in lieu of the investment made by the Respondent. Having failed to bring the IPO as per the memorandum of understanding, Respondent issued a legal notice to the Appellant, who duly replied to the legal notice denying all the allegations contained in the said legal notice.    Resultantly, Respondent filed 2 complaints i.e. a complaint u/s 156(3) of Cr.P.C. at New Delhi and a complaint which was eventually registered as FIR at Kolkata on ...