Whether the court can acquit accused in case of circumstantial evidence if the prosecution fails to prove motive for the offence?

Law web/ September 27, 2020/ Indian Law

 Now so far as the submission on behalf of the accused thatin the present case the prosecution has failed to establish andprove the motive and therefore the accused deserves acquittal isconcerned, it is true that the absence of proving the motivecannot…

Whether court can hold a person guilty for criminal conspiracy if supplies Sim Card to other accused?

Law web/ September 27, 2020/ Indian Law

  The role of the appellantmentioned by the prosecution is that theappellant facilitated procurement of SIMcard on the request made by accused-AshokJatav. This sim card, it is stated, wasallegedly used by accused Ashok Jatav andhis colleagues in the co…

Supreme Court: after 2018 amendment in the Specific Relief Act, the court must grant specific performance of a contract

Law web/ September 24, 2020/ Indian Law

The relief of specific performance of an agreement, was at allmaterial times, equitable, discretionary relief, governed by theprovisions of the Specific Relief Act 1963, hereinafter referred to as S.R.A. Even though the power of the Court to direct spe…

Supreme Court: Repetitive filing of applications amounts to abuse of process of law

Law web/ September 18, 2020/ Indian Law

 Repetitive filing of applications amounts toabuse of process of law. This application is filed inspite of the order passed by this Court categoricallystating that no further application for extension ofinterim bail shall be entertained. It is no more …

Whether the court can infer that accused intended to murder deceased if he had given a blow by lathi?

Law web/ September 18, 2020/ Indian Law

 A lathi is a common item carried by a villager in thiscountry, linked to his identity. The fact that it is also capable ofbeing used as a weapon of assault, does not make it a weapon ofassault simpliciter. In a case like the present, of an assault ont…