In a recent ruling, the Punjab and Haryana High Court has reaffirmed the authority of criminal courts to summon witnesses at any stage of proceedings until the court concludes the case. The decision sheds light on Section 311 of the Criminal Procedure Code (CrPC), which empowers courts to call witnesses and examine individuals present during inquiries, trials, or other legal proceedings. Learn how the Punjab and Haryana High Court’s recent ruling affirms judicial discretion under Section 311 of the CrPC regarding witnesses in criminal proceedings. Understand the factors considered and the court’s decision. Punjab and Haryana High Court Affirms Judicial Discretion Regarding Witnesses in Criminal Proceedings Judicial Discretion under Section 311 of CrPC Justice Sumeet Goel emphasized that under Section 311, courts have the discretion to summon the same witness for multiple examinations, exercising caution in such decisions. Furthermore, The court outlined several factors guiding the trial court’s powers under Section 311, emphasizing the importance of evidence essential for a just decision. The judgment clarified that courts can invoke Section 311 even after cross-examination has been barred, allowing further examination or cross-examination at the prosecution’s or accused’s request. Moreover, the court stressed that summoning witnesses remains within the judicial discretion of criminal courts until the case’s conclusion. Factors Considered by the Court Notably, the court highlighted that the exercise of power under Section 311 should be accompanied by clear and logical reasons, aligning with fundamental principles of criminal jurisprudence. The ruling came during a petition hearing under Section 482 of […]
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The Punjab & Haryana High Court recently addressed a significant aspect of a Anticipatory Bail Plea involving cruelty allegations. It emphasized that the non-recovery of dowry articles alone should not typically warrant the rejection of such pleas made by husbands or their relatives accused of cruelty. Husband’s Appeal for Anticipatory Bail: The Court’s Considerations Plea Details and Court’s Analysis In a recent case, the husband sought anticipatory bail concerning charges of cruelty towards his wife under Sections 406 and 498-A IPC. His wife opposed the bail, contending that he deliberately withheld dowry articles. Justice Sumeet Goel presiding over the single bench noted that courts should generally avoid delving into recovery matters during anticipatory bail hearings. Such issues are better addressed by trial courts at later stages. The Court stressed the unique nature of dowry, requiring special empathy and sensitivity. Wife’s Allegations and Court’s Response The wife highlighted substantial dowry given during marriage, alleging subsequent mistreatment and harassment by her in-laws, including the petitioner. Physical abuse and intentional non-return of dowry items were also claimed. The Court acknowledged that while non-recovery of dowry items might not suffice to deny anticipatory bail, the accused’s conduct, including cooperation in recovery efforts, remains pertinent. Court’s Directive and Final Decision in Anticipatory Bail Plea The Court asserted its authority to mandate deposits or remittances in exceptional cases, depending on circumstances. However, no misuse of interim bail or intimidation of witnesses was established in this case. Despite pending dowry article recovery, the Court granted anticipatory bail, […]
The Madras High Court has taken significant steps to address the issue of beach mineral mining, which has been a subject of contention for over a decade. Initiated to curb illegal mining activities and recover substantial royalty evasions, the court’s proceedings are now advancing towards a resolution. Madras High Court Addresses Beach Mineral Mining Issues 1. Legal Proceedings Initiated The Madras High Court has been actively engaged in addressing the longstanding issue of illegal beach mineral mining in Tamil Nadu. With the aim to prevent unauthorized extraction and recover lost royalties, the court initiated legal proceedings. This signals a crucial step towards resolving the matter without a doubt. 2. Final Hearings Commence Under the leadership of Chief Justice Sanjay Vijaykumar and Justice D Bharatha Chakravarthy, the high court has commenced final hearings on the beach sand mining case. Despite requests to halt the recovery notices amounting to over 5,800 crores, the court has pressed forward. This underscores its commitment to upholding legal integrity. 3. Government’s Response and Action The Tamil Nadu government, represented by senior advocate Aravind Datar, has quantified the extent of illegal beach mineral mining and export activities. Firstly, reports by senior IAS officers and court-appointed advocates have highlighted significant losses to the exchequer. Consequently, This prompted the initiation of recovery measures against leaseholders. 4. Legal Disputes and Counterarguments Legal proceedings have encountered resistance from mining companies like VV Minerals, who contest the validity of certain reports and assessments. Despite objections, the high court has upheld the credibility […]
A recent report brought to the attention of the Calcutta High Court talks about pregnancies among women in West Bengal jails. Tapas Bhanja, the amicus curiae, suggests stopping male staff from entering women’s areas because of these pregnancies. The report raises worries about how women prisoners are getting pregnant and the lack of a clear timeframe for these pregnancies. It also says that 196 babies were born in jails where medical care isn’t good. The report by Bhanja says we urgently need to fix problems in West Bengal’s jails. It’s not clear how the pregnancies happened and when they happened, which is concerning. The jails don’t have good medical care, and we need to fix this right away. Even though the court asked for reports about jail conditions, the findings show we need big changes. The report suggests strict rules like checking if women are pregnant when they come to jail. It also says top judges should keep an eye on things to stop more pregnancies. The report found 15 kids in Women Correctional Home at Alipore, which is worrying. The report also says there are too many women in some jails, like Dum Dum Central Correctional Home. Because of overcrowding, 400 women were in Dum Dum Central Correctional Home. 90 women had to move from Women Correctional Home, Alipore, because it was too full. In response, the Calcutta High Court will look into the matter. We need to act quickly to fix the big problems in our jails. It’s […]
In a recent disclosure by External Affairs Minister S Jaishankar, concerning statistics regarding Indian students’ fatalities abroad, key insights have surfaced regarding the challenges faced by Indian students globally. India’s Response to Overseas Student Deaths and Foreign Policy Stance on Palestine-Israel Conflict Indian Students’ Safety Abroad Since 2018, a concerning total of 403 incidents of Indian students’ deaths overseas have been reported. These fatalities, spanning various countries, have been attributed to a spectrum of causes, ranging from natural calamities to unfortunate accidents and medical emergencies. The disclosure underscores the paramount importance of safeguarding Indian students’ welfare beyond national borders. Statistical Insights The data unveiled by Minister Jaishankar delineates a troubling trend, with Canada emerging at the forefront, reporting 91 cases of Indian student deaths. Following closely behind, the UK stands with 48 reported incidents. Notable figures from other nations include 40 cases in Russia, 36 in the US, and 35 in Australia. Additionally, countries like Ukraine, Germany, Cyprus, the Philippines, and Italy have also witnessed distressing instances. Government’s Response and Commitment Minister Jaishankar underscores the government’s commitment to addressing challenges faced by Indian students abroad. Indian missions prioritize swift responses to students’ concerns, aiming to mitigate risks. Efforts ensure safety for Indian nationals pursuing education overseas. Authorities adopt a proactive stance to address student welfare concerns effectively. India’s Stance on Palestine-Israel Conflict In a separate announcement, Minister of State for External Affairs V Muraleedharan reiterated India’s consistent stance on the Palestine-Israel conflict. India advocates for a negotiated two-state solution, envisioning […]
