Uncategorized - Acharya Lexord & Co. (Advocates & Consultants)

Acharya Lexord & Co. (Advocates & Consultants)

Uncategorized

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Conviction can very well be based on the basis of evidence available in the form of FSL reports and DNA reports.
While releasing a juvenile in conlict with law, who has attained the age of twenty-one years and yet to complete the prescribed term of stay in place of safety under Section 20(2)(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Court should also consider the aspect as to whether release of such juvenile would be in the interest of the juvenile himself and also in the interest of the society and whether, such release would help in achieving the rehabilitative aims of juvenile justice.
The Court must exercise utmost caution when considering a dying declaration, ensuring it was made voluntarily, truthfully, and in a conscious state of mind, free from influence by relatives or investigating authorities. Only then such dying declaration serve as a reliable basis for conviction.
In view of the settled proposition of law by the Apex Court,dismissal of a case in limine at the threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent under Article 141 of the Constitution of India.
A Court may alter or add to any charge before judgment is pronounced but when charges are altered, opportunity must be given under Section 217 of the Cr.P.C., both to the prosecution and the defence, to recall or re-examine the witnesses in reference to such altered charges.
Under the Indian Evidence Act, 1872, the grant of permission to cross examine his own witness by a party is not conditional on the witness being declared “adverse” or “ hostile”.
The minimum qualification of B.Ed fixed by the NCTE under the National Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as an Education Teacher and Physical Education Teacher in Pre-primary, Primary, Upper primary, Secondary, Senior secondary or Intermediate schools or Colleges) Regulations, 2014, is prevailing over the Chhattisgarh School Education Service (Educational and Administrative Cadre) Rules, 2019 and the State Government cannot dilute the said requisite qualification of B.Ed for promotion on the post of Lecturer.
For admission in BAMS Courses the State cannot fix quota in unaided minority professional educational institutions between the Management and the State.
Section 482 of the BNSS, 2023 has widen the scope of anticipatory bail as compared to the erstwhile provision under Section 438 of Cr.PC, 1973.