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The Court reaffirmed that only parties adversely affected by a decree are entitled to appeal or file cross-objections. This principle, established in Phoolchand v. Gopal Lal (1967), serves as a ...
Under Indian law, cross objections and cross appeals serve similar purposes but have distinct procedural characteristics. Here are the key distinctions: ...
The Supreme Court has established specific considerations for granting anticipatory bail in SC & ST Atrocity cases following the 2018 amendment to Section 18 of the Act. Here are the key ...
In summary, while neither the prosecution nor accused can apply for charge alteration as a matter of right, appellate courts retain the discretionary power to alter charges on their own, provided they ...
The Court emphasized that "such ad-interim reliefs have their own legal implications" and referenced the Srikant Upadhyay & Ors. v. State of Bihar & Anr. (2024) case, which stressed caution in ...
No, an appellate court cannot suspend the sentence upon dismissing an appeal against conviction, regardless of whether the sentence is up to three years or any other duration.
Based on established legal precedent, an accused person summoned under Section 319 of the Criminal Procedure Code (CrPC) cannot apply for discharge under Section 227 of CrPC.
Once an eviction order is passed, the tenant loses their statutory protection and remains in possession only by virtue of the stay order, not by any right under the Rent Control Act. This legal ...
In Indian criminal law, motive and intention are distinct concepts that serve different purposes in determining criminal liability. While often used interchangeably in casual conversation, they have ...
In summary, while judicial confessions are strong, reliable evidence that can independently support conviction, extra-judicial confessions are weak evidence requiring careful scrutiny and ...
Sessions courts in India have specific limitations regarding deciding criminal appeals and revisions in the absence of the accused, with established legal principles that prioritize fair trial and due ...
Double jeopardy is based on the Latin maxim "nemo debet bis vexari pro una et eadem causa" which means "no one ought to be vexed twice for one and the same cause". The doctrine traces its origin to ...
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