Hemudan Nanbha Gadhvi Vs. State of Gujarat - (Supreme Court) (28 Sep 2018)
When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence

The mere fact that, PW-2 may have turned hostile is not relevant and does not efface the evidence with regard to the sexual assault upon victim and the identification of the Appellant as the perpetrator. A criminal trial is but a quest for truth. The nature of inquiry and evidence required will depend on the facts of each case. The presumption of innocence will have to be balanced with the rights of the victim, and above all the societal interest for preservation of the Rule of law. Neither the Accused nor the victim can be permitted to subvert a criminal trial by stating falsehood and resort to contrivances, so as to make it the theatre of the absurd. Dispensation of justice in a criminal trial is a serious matter and cannot be allowed to become a mockery by simply allowing prime prosecution witnesses to turn hostile as a ground for acquittal, as observed in Zahira Habibullah Sheikh v. State of Gujarat and Mahila Vinod Kumari v. State of Madhya Pradesh. The serologist report was an expert opinion under Section 45 of the Evidence Act, 1872 and was therefore admissible in evidence without being marked an exhibit formally or having to be proved by oral evidence.




https://updates.manupatra.com/roundup/contentsummary.aspx?iid=17036

#Question@CurrentLegalGK

If there is a case in which victim of rape turns hostile then the prosecution has any other means to convict the accused?

#Question@CurrentLegalGK

Acceptance of benefit by owner amounts to confirmation by election __

1. When owner is aware of his duty to elect.
2. When owner is aware of his duty to elect and the circusmtance which will influence the iudgemnt of reasonable man in election.
3. When owner waives inquiry into the circumstances.
4. Either 2 or 3

Hint: S. 35 TPA

A CASE FOR DIFFERENT STANDARDS IN AGE DETERMINATION PROCEEDINGS

POCSO SECTION 35 IEA SECTION 29 BSA SECTION 94 JJ ACT

International Women's Day 2025: Indians among world’s most progressive on gender equality, global survey finds
https://indianexpress.com/article/india/womens-day-indians-world-progressive-gender-equality-ipsos-survey-9875052/

Culpable Homicide and Murder by Justice KN Basha.pdf

Pakistani religious scholar shot dead: Recalling his involvement in Kulbhushan Jadhav case 🔗
#balochistan #everyday_explainers #everyday_global #express_explained #kulbhushan_jadhav

How will Canada’s next prime minister be chosen? 🔗
#express_explained

🚛🚒 NOTE: This above promise of bringing a new law is of 2023.

You just read this excerpt and understand that we have a law no less than any European or american country it is just that it has no means of enforcement just a plain piece of paper, in USA they have detection mechanism device in the truck itself.


The Motor Transport Workers Act, 1961 and the Central Motor Vehicles Rules, 1989, lays down the maximum number of hours that a truck driver can work without taking a break. According to the rules, a truck driver can work for a maximum of 8 hours in a day, after which they must take a break of at least 8 hours before they can start driving again. Additionally, they are not allowed to drive for more than 60 hours in a week

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Bangalore Principles

Qualities of judges.

#Interview@CurrentLegalGK

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court
https://www.livelaw.in/supreme-court/when-conviction-is-under-both-pocso-act-ipc-offender-liable-to-be-sentenced-under-provision-prescribing-higher-punishment-supreme-court-286063

Doctrine Of 'Forum Non-Conveniens' And Tort Claims: A Comparative Analysis Between India And United States
https://www.livelaw.in/articles/doctrine-of-forum-non-conveniens-comparative-analysis-between-india-and-united-states-285577

Forum Non conviniens and Principle of Comity

Anti Suit injunctions, USA v. INDIA

Bar Council of India Rules, Part VI, Chapter II, Section II, Rule 20 states:
“An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.

@CurrentLegalGK

The court further stated that no plea for a lesser punishment under the POCSO Act can be entertained if the IPC prescribes a higher punishment for certain offences by arguing that Section 42A, as a special law, overrides the IPC, which is considered a general law.

If the judge knows that the particular Provision of IPC or POCSO is having less sentence then why does he frame charges on that provision?

#Question@CurrentLegalGK

#Quotes_@CurrentLegalGK

"Law is a jealous mistress"

It was famously stated by U.S. Supreme Court Justice Joseph Story in The Doctrine of Contracts (1844). It means that the legal profession demands total dedication, leaving little room for distractions or divided attention.

A brief Overview of changes and laws covered under the consolidated Labour codes 2020.

Still there are many states which are yet to formulate rules on Code.

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