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The author is Editorial Lead, BW Legal World
The Supreme Court laid many issues of controversy like arbitrators' fee, claims and counter claims, ceiling limit and sum in dispute, to rest.
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The Court observed that, "..it can be taken into consideration at the trial against an accused for arriving at his guilt or otherwise but the prosecution has to at the very first instance prove its case beyond reasonable doubt against him and then his explanation or answer to such incriminating circumstance should be looked into."
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The Supreme Court retained the much needed calm under the judicial leadership of Chief Justice Ramana.
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The contemnor, in-charge of Police Station, had served a notice under Section 41-A of the Criminal Procedure Code (Cr.P.C.) 1973 on the accused but he willfully and deliberately recorded in the General Diary (GD) that accused declined to accept the terms and conditions of the notice.
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The power of remission has been circumscribed by judicial decisions and it must be grounded in reasonableness and objective conclusions.
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In the matter which pertained to Jahangirpuri Riots, Justice Swarana Kanta Sharma observed that, “The conduct of the applicant/accused was allegedly an attempt to disturb the communal harmony of the area by trying to create a rift between two communities.”
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The Supreme Court, on August 16, relied upon the first dying declaration and set aside conviction of husband under Section 304B of the Indian Penal Code (IPC).
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The attempt to assassinate author Salman Rushdie in New York is emblematic of the deplorable state of free speech regime.
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Bench of Justices DY Chandrachud and AS Bopanna observed, “The Court is vested with a broad and wholesome power, in terms of Section 311 of the CrPC, to summon and examine or recall and re-examine any material witness at any stage and the closing of prosecution evidence is not an absolute bar.”
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Members of Parliament addressed the media persons at the Press Club of India on August 4 and expressed worry and anguish due to the recent arrests of several journalists, intellectuals etc.
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