Showing posts with label Criminal Law Code of Criminal Procedure. Show all posts
Showing posts with label Criminal Law Code of Criminal Procedure. Show all posts

Thursday, January 13, 2022

"Law does not Permit a Roving or Fishing inquiry" : Supreme Court

Hon'ble Supreme Court's judgments are available full text free of cost at official website of Hon'ble Supreme Court.

In State of Orissa Vs. Debendra Nath Padhi [29 Nov 2004], it was stated that "jurisdiction under S.91 of the Code of Criminal Procedure, 1973 when invoked by accused the necessity and desirability would have to be seen by the Court in the context of the purpose investigation, inquiry, trial or other proceedings under Code of Criminal Procedure, 1973. It would also have to be borne in mind that law does not permit a roving or fishing inquiry." 

A certain portion of State of Orissa v Debendra Nath Padhi was referred at page no. 5 of Surendra Bhalotia v State of Assam [2019] GCtR 1170 (Gauhati) where a petition under S.482 of Code was filed and several "economic offences" were alleged and the manner of affidavit filed by accused was noticed.


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Vishal

Guwahati, Assam 

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Tuesday, October 12, 2021

"It is not the plurality of the Dying Declarations but the reliability thereof that Adds weigh to the Prosecution Case" : Supreme Court

 Hon'ble Supreme Court has given many important Judgments. 


It has been held at page 14 of the Judgment pronounced by Hon'ble Supreme Court that "it is not the plurality of the dying declarations but the reliability thereof that adds weigh to the prosecution case."

Refer Bhadragiri Venkata Ravi v PP : Cr.A. 248/2007. 

Full Text (PDF) Judgment Available Free of Cost at www.main.sci.gov.in

"In case there are apparent discrepancies in two dying declarations, it would be unsafe to convict the accused" : Supreme Court

Hon'ble Supreme Court has given many important Judgments. 

It has been held at page 13 of the Judgment pronounced by Hon'ble Supreme Court that "in case there are apparent discrepancies in two dying declarations, it would be unsafe to convict the accused."

Refer Bhadragiri Venkata Ravi v PP : Cr.A. 248/2007. 

Full Text (PDF) Judgment Available Free of Cost at www.main.sci.gov.in

Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026

Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026 S.9 of Arbitration and Concil...