The document summarizes a court case in India regarding an appeal against the acquittal of respondents charged under the Prevention of Food Adulteration Act for selling atta (wheat flour) found to contain living and dead insects. The trial court had convicted the respondents, but the additional sessions judge acquitted them, noting that the atta met standards under the act. The state appealed, arguing the judge did not properly consider evidence. The court discussed principles for appeals against acquittal, noting appellate courts have full power to review evidence and reach their own conclusions. It dismissed the appeal, finding no grounds to reverse the acquittal.
The applicant, Dr. Satish, who is a qualified medical practitioner with no prior criminal record, applied for bail in a case where he has been charged with offenses related to a shortage of medical oxygen at a hospital where he was head of the anesthesia department. The court analyzed documents and statements from the investigation and found that the applicant was not involved in procuring, billing or payments for the medical oxygen supplies. Considering this and that the applicant has already spent 7 months in custody, the court granted bail to the applicant with conditions to ensure his presence at trial.
The Supreme Court of India heard a petition challenging a High Court order that upheld a tribunal's modification of an employee's dismissal to compulsory retirement for misconduct. The Supreme Court issued a notice, staying the High Court order, as the High Court's reasoning in an 18-page judgment was incomprehensible. A serious charge of misconduct against the employee appeared to have been established based on the tribunal's findings.
This document summarizes a Supreme Court of India judgment regarding a review petition filed by an accused, referred to as 'Accused X', challenging his conviction and death sentence. The court heard arguments on two issues - whether the trial court violated the accused's right to a pre-sentencing hearing by passing conviction and sentence orders on the same day, and whether the accused's alleged mental illness warranted commuting his death sentence to life imprisonment. The court examined relevant laws and precedents on these issues to determine whether the accused's review petition had any merit.
This document outlines guidelines for protecting the identities and privacy of parties involved in a sexual harassment case. It summarizes:
- The identities of parties will be anonymized in orders and case files to protect privacy.
- Strict protocols are established for filing documents, accessing records, conducting hearings, and releasing information to ensure identities are not disclosed.
- Breach of these anonymity protocols will be considered contempt of court. Guidelines also apply to related proceedings in other courts.
The Supreme Court of India granted leave in an appeal regarding the denial of anticipatory bail to an appellant. The court analyzed Section 170 of the Code of Criminal Procedure and previous court judgments on the interpretation of this section. The court agreed with the view that Section 170 does not impose an obligation on investigatory officers to arrest every accused when filing a chargesheet. The word "custody" in Section 170 refers to presenting the accused in court, not requiring police or judicial custody. If the accused has cooperated throughout the investigation and there is no reason to believe they will abscond, arrest is not necessary. Insisting on arrest as a prerequisite for accepting a chargesheet violates the intent of Section 170 and personal liberty. In this case
This document provides details of 3 bail applications filed by individuals accused in a case registered by the Central Bureau of Investigation (CBI) alleging offenses related to espionage against scientists at ISRO in 1994. The applications were filed by the 11th accused, the 1st and 2nd accused, and the 7th accused. The court heard arguments from lawyers representing the accused. The document discusses the background of the espionage case against ISRO scientists in 1994 and its investigation and closure. It also discusses the report submitted in 2021 by a committee headed by a former Supreme Court judge regarding the false implication of individuals in the case.
The Supreme Court of India allowed the appeals of Md. Misher Ali against an order declaring him a foreigner. [The Court summarized that] the Foreigner's Tribunal and High Court orders were passed in violation of principles of natural justice as notice was not served at Ali's permanent residence, which was known to authorities. The Court set aside the orders and remanded the case back to the Foreigner's Tribunal to allow Ali an opportunity to respond consistent with principles of natural justice.
1. The appellant, Iqbal Ahmed Kabir Ahmed, who was the original accused No. 3, filed an application for bail which was rejected by the special judge. He has filed this appeal against the rejection.
2. The key evidence against the appellant includes the recovery of an oath from his house pursuant to disclosure by an co-accused, and pointing out an electric switchboard in his house where an IED was allegedly soldered. Statements of witnesses also indicate the appellant participated in meetings where actions regarding perceived threats to Islam were discussed.
3. The prosecution argues the material is sufficient to show a prima facie case against the appellant and reasonable grounds exist to believe the accusations, thereby invoking the
The applicant, Dr. Satish, who is a qualified medical practitioner with no prior criminal record, applied for bail in a case where he has been charged with offenses related to a shortage of medical oxygen at a hospital where he was head of the anesthesia department. The court analyzed documents and statements from the investigation and found that the applicant was not involved in procuring, billing or payments for the medical oxygen supplies. Considering this and that the applicant has already spent 7 months in custody, the court granted bail to the applicant with conditions to ensure his presence at trial.
The Supreme Court of India heard a petition challenging a High Court order that upheld a tribunal's modification of an employee's dismissal to compulsory retirement for misconduct. The Supreme Court issued a notice, staying the High Court order, as the High Court's reasoning in an 18-page judgment was incomprehensible. A serious charge of misconduct against the employee appeared to have been established based on the tribunal's findings.
This document summarizes a Supreme Court of India judgment regarding a review petition filed by an accused, referred to as 'Accused X', challenging his conviction and death sentence. The court heard arguments on two issues - whether the trial court violated the accused's right to a pre-sentencing hearing by passing conviction and sentence orders on the same day, and whether the accused's alleged mental illness warranted commuting his death sentence to life imprisonment. The court examined relevant laws and precedents on these issues to determine whether the accused's review petition had any merit.
This document outlines guidelines for protecting the identities and privacy of parties involved in a sexual harassment case. It summarizes:
- The identities of parties will be anonymized in orders and case files to protect privacy.
- Strict protocols are established for filing documents, accessing records, conducting hearings, and releasing information to ensure identities are not disclosed.
- Breach of these anonymity protocols will be considered contempt of court. Guidelines also apply to related proceedings in other courts.
The Supreme Court of India granted leave in an appeal regarding the denial of anticipatory bail to an appellant. The court analyzed Section 170 of the Code of Criminal Procedure and previous court judgments on the interpretation of this section. The court agreed with the view that Section 170 does not impose an obligation on investigatory officers to arrest every accused when filing a chargesheet. The word "custody" in Section 170 refers to presenting the accused in court, not requiring police or judicial custody. If the accused has cooperated throughout the investigation and there is no reason to believe they will abscond, arrest is not necessary. Insisting on arrest as a prerequisite for accepting a chargesheet violates the intent of Section 170 and personal liberty. In this case
This document provides details of 3 bail applications filed by individuals accused in a case registered by the Central Bureau of Investigation (CBI) alleging offenses related to espionage against scientists at ISRO in 1994. The applications were filed by the 11th accused, the 1st and 2nd accused, and the 7th accused. The court heard arguments from lawyers representing the accused. The document discusses the background of the espionage case against ISRO scientists in 1994 and its investigation and closure. It also discusses the report submitted in 2021 by a committee headed by a former Supreme Court judge regarding the false implication of individuals in the case.
The Supreme Court of India allowed the appeals of Md. Misher Ali against an order declaring him a foreigner. [The Court summarized that] the Foreigner's Tribunal and High Court orders were passed in violation of principles of natural justice as notice was not served at Ali's permanent residence, which was known to authorities. The Court set aside the orders and remanded the case back to the Foreigner's Tribunal to allow Ali an opportunity to respond consistent with principles of natural justice.
1. The appellant, Iqbal Ahmed Kabir Ahmed, who was the original accused No. 3, filed an application for bail which was rejected by the special judge. He has filed this appeal against the rejection.
2. The key evidence against the appellant includes the recovery of an oath from his house pursuant to disclosure by an co-accused, and pointing out an electric switchboard in his house where an IED was allegedly soldered. Statements of witnesses also indicate the appellant participated in meetings where actions regarding perceived threats to Islam were discussed.
3. The prosecution argues the material is sufficient to show a prima facie case against the appellant and reasonable grounds exist to believe the accusations, thereby invoking the
The document is a court order regarding an application for bail by Preet Singh, who has been accused of offenses under the IPC and Epidemic Diseases Act related to organizing a gathering without permission. The investigating officer opposed bail, citing video evidence of Singh's presence and the risk of further offenses. However, the court denied bail, noting that while the offenses are bailable, Singh's case differs from a previously bailed accused who was not seen inciting crowds in video clips as Singh was. The court found that further investigation was needed and denied bail at this stage.
The Supreme Court of India heard an appeal by the National Investigation Agency against a High Court order granting bail to Zahoor Ahmad Shah Watali, who was accused in a terrorism funding case. The trial court had rejected bail citing serious allegations against Watali, including acting as a conduit for funds to terrorists and separatists in Jammu and Kashmir. However, the High Court granted bail subject to conditions. In its judgment, the Supreme Court analyzed the evidence and allegations in detail and concluded that the offenses against Watali were prima facie established. It also noted that he received adequate medical care in jail. The Court allowed the appeal and canceled the bail granted by the High Court.
This document summarizes a bail hearing for Ashwani Upadhyay, who was arrested under several sections of the IPC as well as epidemic disease and disaster management acts. His lawyers argued that he left the site of the alleged offenses before they occurred and is not visible in any videos. The prosecution argued he organized the event and his custody is needed for a thorough investigation. After hearing both sides, the court considered the guidelines on reducing prison overcrowding during the pandemic in deciding whether to grant bail.
1. The High Court of Jammu and Kashmir heard appeals against an order rejecting bail applications for appellants arrested in connection with a case under unlawful activities laws.
2. The Court found that the trial court misdirected itself by extending detention periods based on investigating officer applications instead of reports from the public prosecutor as required by law.
3. As the charge sheet was filed beyond the mandatory 90 day period, the appellants had an indefeasible right to default bail that the trial court failed to consider. The High Court allowed the appeals and set aside the trial court order, granting the appellants bail.
The document summarizes a court case in India. Three juveniles, Ankit, Mohan, and Deepak, were convicted of sexually assaulting an 8-year-old boy. They were found guilty under Section 377 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act. Their defense argued the medical evidence did not support penetration and the conviction should be overturned. The court reviewed the medical evidence and victim's testimony but ultimately upheld the conviction, finding the prosecution had sufficiently proven its case against the juveniles.
The petitioner, Gagan Debbarma, filed a petition seeking pre-arrest bail in a case registered under sections 341 and 302 IPC for the alleged lynching of Saiful Islam. The investigation revealed that the petitioner was part of the mob that chased and lynched the deceased on suspicion of cattle theft. Considering the gravity of the offense and the eyewitness statements implicating the petitioner, the court rejected the bail application, noting that anticipatory bail is an extraordinary remedy and the parameters for granting it were not satisfied in this case.
1. This document summarizes a bail application hearing for Kuldeep Singh, who is accused in an FIR for rioting and murder.
2. The defense argues that Kuldeep should be granted bail on the grounds that other co-accused have received bail and he has been in custody since March 2020. However, the prosecution argues that Kuldeep was identified by witnesses as part of the riotous mob that beat the victim to death.
3. The judge heard arguments from both sides and will review the case details and chargesheet before making a decision on whether to grant bail to Kuldeep Singh.
The Supreme Court of India heard an appeal from a milk dealer convicted of adulterating milk samples collected by a food inspector. The food inspector had purchased milk samples from the dealer and sealed them, leaving one with the dealer and sending another for analysis. Testing showed the samples had a deficiency of non-fatty solids. The dealer appealed his conviction, arguing various issues with the sample collection process and authorization of the prosecution. The Supreme Court rejected the dealer's arguments and upheld his conviction, finding the food inspector's testimony on sample collection was sufficient and the municipal corporation had properly authorized the medical officer to consent to prosecution.
1) Five individuals - Mohd. Saleem, Sameer Ansari, Khalid Saifi, Ishrat Jahan, and Vikram Thakur - filed separate bail applications regarding their involvement in protests against the CAA that turned violent.
2) The court dismissed the bail application of Khalid Saifi due to the serious allegations against him, including instigating the mob and providing a firearm to another accused.
3) The court granted bail to Ishrat Jahan, Mohd. Saleem, Sameer Ansari, and Vikram Thakur as no overt unlawful acts were attributed to them and they had already spent over 20 days in custody. Bail was granted with conditions including surrendering pass
This document is a court judgment from the High Court of Delhi regarding a bail petition. The respondent/accused, Faisal Farooq, is an educationist who runs several schools. He was granted bail in one case (FIR 134/2020), but was arrested the day of his scheduled release in another case (FIR 73/2020). The respondent's lawyer argued that the second arrest was mala fide to prevent his release. The court examined past judgments establishing that bail once granted should only be cancelled for cogent reasons. The chargesheet also indicates the respondent was not present at the site of the alleged offense. The court will determine if there are sufficient grounds to cancel the previously granted bail.
This document is a court judgment denying bail to Shahrukh Pathan, who is accused of firing a pistol and leading a mob during religious riots in Delhi on February 24, 2020. The court reviewed evidence including video footage and photos showing Pathan holding a pistol and firing shots toward the complainant head constable. While the defense argued there was delay in registering the FIR and Pathan was being made a scapegoat, the court found the allegations against Pathan for participating in and inciting the riots to be grave enough to deny him bail at this stage of the trial.
This document is a court order from the High Court of Jharkhand regarding a bail application. It summarizes the arguments from both sides. The petitioner's lawyer argued that the petitioner was not named in the original FIR and no evidence was found against him during the investigation. The prosecution opposed bail, arguing the petitioner confessed to meetings at his home. However, the court found no material connecting the petitioner to the alleged crimes. Considering he has no criminal record and is a religious leader, the court granted bail with several conditions, including depositing his passport and using only one mobile phone.
1. The court document discusses an application for regular bail filed by Preet Singh, who is accused of offenses under the Indian Penal Code and Epidemic Diseases Act for organizing an event at Jantar Mantar in Delhi without permission.
2. The prosecution argues that Preet Singh made inflammatory speeches and slogans against a particular religion, while the defense claims he is falsely implicated and did not engage in unlawful speech or activities.
3. The court must now determine whether to grant bail to Preet Singh based on the arguments made by the prosecution and defense regarding the evidence in the case and potential risks if he is released.
This document provides a summary of a Federal Court of Malaysia case involving four individuals who were convicted of murder. The key points are:
1) Circumstantial evidence showed that four victims met their deaths at the defendant's farm, including evidence that led to the discovery of human remains and personal items.
2) The trial court convicted all four defendants, but the Court of Appeal rejected some evidence. The Federal Court then analyzed various evidence and testimony in detail.
3) The Federal Court ultimately dismissed the appeals of three defendants, but allowed the appeal of the third defendant. It found some evidence to be admissible and upheld the credibility of a key witness, while also identifying errors made by the lower courts.
Kerala hc order d rajagopal-v-ayyappan-anr-402210ZahidManiyar
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
1) The Supreme Court of India heard a petition from the State of Uttar Pradesh challenging an order from the Allahabad High Court regarding management of COVID-19.
2) The Supreme Court acknowledged the efforts of High Courts but noted some directions may not be implementable. It cited examples where the High Court directed ambulances and facilities that would be impossible to provide across the entire state.
3) While appreciating the High Court's intentions, the Supreme Court held some directions were incapable of being implemented and should be treated as observations rather than binding orders. The State was not exempted from making efforts to provide facilities.
The Supreme Court of India heard an appeal by the Union of India against a High Court order granting bail to the respondent, who was accused of conspiring in a terrorist attack. The prosecution argued the respondent played a major role in the attack and bail should not have been granted under anti-terrorism laws. The respondent argued prolonged detention without trial violated his rights. The Supreme Court analyzed when bail can be cancelled or granted, emphasizing discretion given to higher courts. It remanded the case back to the High Court to reconsider bail based on merits while following anti-terrorism laws.
The court heard arguments on a petition regarding the right to decent last rites. It considered reports from the District Judge of Hathras and the Inspector General of the Central Reserve Police Force regarding the incident. Based on these reports, the court did not find reason to stay the ongoing trial in the case or transfer it to another court. The court maintained its previous orders regarding security for the trial and preventing disruption. It noted the CBI's statement that it may file an application to transfer the trial. The reports were sealed and the matter was scheduled for another hearing in September.
This document is a bail application order from the High Court of Delhi regarding the bail application of Preet Singh, who is accused of offenses under Sections 188, 269, 270, 153A IPC, and other sections related to violating COVID-19 restrictions and inciting communal disharmony. The defense counsel argued that Preet Singh did not make any offensive remarks against religions to incite violence. However, the prosecution argued that Preet Singh was a co-organizer of the event where objectionable slogans were raised and he made provocative statements in interviews. The court observed that it is not appropriate to determine if the statements constitute an offense under Section 153A IPC at this stage.
The petitioner, Maaysha Singh, filed a writ petition seeking bail for her mother, Sudha Bharadwaj, who was imprisoned. While the petitioner no longer pressed the request for bail on medical grounds, the court noted that prisoners have a right to their medical records under the constitution. The court ordered the prison authorities to provide all of Bharadwaj's medical records and test results upon request. The court also agreed that Bharadwaj should be allowed to make phone calls to approved family members after medical visits. The writ petition was then disposed of with these orders regarding access to medical information.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdictionxareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
This document discusses the process of appeals in the Indian legal system. It outlines that appeal is a complaint to a higher court regarding an injustice or error committed by a lower court. There can only be a right to appeal if expressly provided by law. It then discusses the different levels and types of appeals, including appeals to the Supreme Court, High Court, and Court of Session. It also describes the procedures that must be followed for appeals, such as attaching a copy of the lower court's judgment. The appellate court has powers to dismiss appeals summarily if there is no sufficient ground, or to obtain further evidence and alter or reverse the lower court's decision.
The document is a court order regarding an application for bail by Preet Singh, who has been accused of offenses under the IPC and Epidemic Diseases Act related to organizing a gathering without permission. The investigating officer opposed bail, citing video evidence of Singh's presence and the risk of further offenses. However, the court denied bail, noting that while the offenses are bailable, Singh's case differs from a previously bailed accused who was not seen inciting crowds in video clips as Singh was. The court found that further investigation was needed and denied bail at this stage.
The Supreme Court of India heard an appeal by the National Investigation Agency against a High Court order granting bail to Zahoor Ahmad Shah Watali, who was accused in a terrorism funding case. The trial court had rejected bail citing serious allegations against Watali, including acting as a conduit for funds to terrorists and separatists in Jammu and Kashmir. However, the High Court granted bail subject to conditions. In its judgment, the Supreme Court analyzed the evidence and allegations in detail and concluded that the offenses against Watali were prima facie established. It also noted that he received adequate medical care in jail. The Court allowed the appeal and canceled the bail granted by the High Court.
This document summarizes a bail hearing for Ashwani Upadhyay, who was arrested under several sections of the IPC as well as epidemic disease and disaster management acts. His lawyers argued that he left the site of the alleged offenses before they occurred and is not visible in any videos. The prosecution argued he organized the event and his custody is needed for a thorough investigation. After hearing both sides, the court considered the guidelines on reducing prison overcrowding during the pandemic in deciding whether to grant bail.
1. The High Court of Jammu and Kashmir heard appeals against an order rejecting bail applications for appellants arrested in connection with a case under unlawful activities laws.
2. The Court found that the trial court misdirected itself by extending detention periods based on investigating officer applications instead of reports from the public prosecutor as required by law.
3. As the charge sheet was filed beyond the mandatory 90 day period, the appellants had an indefeasible right to default bail that the trial court failed to consider. The High Court allowed the appeals and set aside the trial court order, granting the appellants bail.
The document summarizes a court case in India. Three juveniles, Ankit, Mohan, and Deepak, were convicted of sexually assaulting an 8-year-old boy. They were found guilty under Section 377 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act. Their defense argued the medical evidence did not support penetration and the conviction should be overturned. The court reviewed the medical evidence and victim's testimony but ultimately upheld the conviction, finding the prosecution had sufficiently proven its case against the juveniles.
The petitioner, Gagan Debbarma, filed a petition seeking pre-arrest bail in a case registered under sections 341 and 302 IPC for the alleged lynching of Saiful Islam. The investigation revealed that the petitioner was part of the mob that chased and lynched the deceased on suspicion of cattle theft. Considering the gravity of the offense and the eyewitness statements implicating the petitioner, the court rejected the bail application, noting that anticipatory bail is an extraordinary remedy and the parameters for granting it were not satisfied in this case.
1. This document summarizes a bail application hearing for Kuldeep Singh, who is accused in an FIR for rioting and murder.
2. The defense argues that Kuldeep should be granted bail on the grounds that other co-accused have received bail and he has been in custody since March 2020. However, the prosecution argues that Kuldeep was identified by witnesses as part of the riotous mob that beat the victim to death.
3. The judge heard arguments from both sides and will review the case details and chargesheet before making a decision on whether to grant bail to Kuldeep Singh.
The Supreme Court of India heard an appeal from a milk dealer convicted of adulterating milk samples collected by a food inspector. The food inspector had purchased milk samples from the dealer and sealed them, leaving one with the dealer and sending another for analysis. Testing showed the samples had a deficiency of non-fatty solids. The dealer appealed his conviction, arguing various issues with the sample collection process and authorization of the prosecution. The Supreme Court rejected the dealer's arguments and upheld his conviction, finding the food inspector's testimony on sample collection was sufficient and the municipal corporation had properly authorized the medical officer to consent to prosecution.
1) Five individuals - Mohd. Saleem, Sameer Ansari, Khalid Saifi, Ishrat Jahan, and Vikram Thakur - filed separate bail applications regarding their involvement in protests against the CAA that turned violent.
2) The court dismissed the bail application of Khalid Saifi due to the serious allegations against him, including instigating the mob and providing a firearm to another accused.
3) The court granted bail to Ishrat Jahan, Mohd. Saleem, Sameer Ansari, and Vikram Thakur as no overt unlawful acts were attributed to them and they had already spent over 20 days in custody. Bail was granted with conditions including surrendering pass
This document is a court judgment from the High Court of Delhi regarding a bail petition. The respondent/accused, Faisal Farooq, is an educationist who runs several schools. He was granted bail in one case (FIR 134/2020), but was arrested the day of his scheduled release in another case (FIR 73/2020). The respondent's lawyer argued that the second arrest was mala fide to prevent his release. The court examined past judgments establishing that bail once granted should only be cancelled for cogent reasons. The chargesheet also indicates the respondent was not present at the site of the alleged offense. The court will determine if there are sufficient grounds to cancel the previously granted bail.
This document is a court judgment denying bail to Shahrukh Pathan, who is accused of firing a pistol and leading a mob during religious riots in Delhi on February 24, 2020. The court reviewed evidence including video footage and photos showing Pathan holding a pistol and firing shots toward the complainant head constable. While the defense argued there was delay in registering the FIR and Pathan was being made a scapegoat, the court found the allegations against Pathan for participating in and inciting the riots to be grave enough to deny him bail at this stage of the trial.
This document is a court order from the High Court of Jharkhand regarding a bail application. It summarizes the arguments from both sides. The petitioner's lawyer argued that the petitioner was not named in the original FIR and no evidence was found against him during the investigation. The prosecution opposed bail, arguing the petitioner confessed to meetings at his home. However, the court found no material connecting the petitioner to the alleged crimes. Considering he has no criminal record and is a religious leader, the court granted bail with several conditions, including depositing his passport and using only one mobile phone.
1. The court document discusses an application for regular bail filed by Preet Singh, who is accused of offenses under the Indian Penal Code and Epidemic Diseases Act for organizing an event at Jantar Mantar in Delhi without permission.
2. The prosecution argues that Preet Singh made inflammatory speeches and slogans against a particular religion, while the defense claims he is falsely implicated and did not engage in unlawful speech or activities.
3. The court must now determine whether to grant bail to Preet Singh based on the arguments made by the prosecution and defense regarding the evidence in the case and potential risks if he is released.
This document provides a summary of a Federal Court of Malaysia case involving four individuals who were convicted of murder. The key points are:
1) Circumstantial evidence showed that four victims met their deaths at the defendant's farm, including evidence that led to the discovery of human remains and personal items.
2) The trial court convicted all four defendants, but the Court of Appeal rejected some evidence. The Federal Court then analyzed various evidence and testimony in detail.
3) The Federal Court ultimately dismissed the appeals of three defendants, but allowed the appeal of the third defendant. It found some evidence to be admissible and upheld the credibility of a key witness, while also identifying errors made by the lower courts.
Kerala hc order d rajagopal-v-ayyappan-anr-402210ZahidManiyar
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
1) The Supreme Court of India heard a petition from the State of Uttar Pradesh challenging an order from the Allahabad High Court regarding management of COVID-19.
2) The Supreme Court acknowledged the efforts of High Courts but noted some directions may not be implementable. It cited examples where the High Court directed ambulances and facilities that would be impossible to provide across the entire state.
3) While appreciating the High Court's intentions, the Supreme Court held some directions were incapable of being implemented and should be treated as observations rather than binding orders. The State was not exempted from making efforts to provide facilities.
The Supreme Court of India heard an appeal by the Union of India against a High Court order granting bail to the respondent, who was accused of conspiring in a terrorist attack. The prosecution argued the respondent played a major role in the attack and bail should not have been granted under anti-terrorism laws. The respondent argued prolonged detention without trial violated his rights. The Supreme Court analyzed when bail can be cancelled or granted, emphasizing discretion given to higher courts. It remanded the case back to the High Court to reconsider bail based on merits while following anti-terrorism laws.
The court heard arguments on a petition regarding the right to decent last rites. It considered reports from the District Judge of Hathras and the Inspector General of the Central Reserve Police Force regarding the incident. Based on these reports, the court did not find reason to stay the ongoing trial in the case or transfer it to another court. The court maintained its previous orders regarding security for the trial and preventing disruption. It noted the CBI's statement that it may file an application to transfer the trial. The reports were sealed and the matter was scheduled for another hearing in September.
This document is a bail application order from the High Court of Delhi regarding the bail application of Preet Singh, who is accused of offenses under Sections 188, 269, 270, 153A IPC, and other sections related to violating COVID-19 restrictions and inciting communal disharmony. The defense counsel argued that Preet Singh did not make any offensive remarks against religions to incite violence. However, the prosecution argued that Preet Singh was a co-organizer of the event where objectionable slogans were raised and he made provocative statements in interviews. The court observed that it is not appropriate to determine if the statements constitute an offense under Section 153A IPC at this stage.
The petitioner, Maaysha Singh, filed a writ petition seeking bail for her mother, Sudha Bharadwaj, who was imprisoned. While the petitioner no longer pressed the request for bail on medical grounds, the court noted that prisoners have a right to their medical records under the constitution. The court ordered the prison authorities to provide all of Bharadwaj's medical records and test results upon request. The court also agreed that Bharadwaj should be allowed to make phone calls to approved family members after medical visits. The writ petition was then disposed of with these orders regarding access to medical information.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdictionxareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
This document discusses the process of appeals in the Indian legal system. It outlines that appeal is a complaint to a higher court regarding an injustice or error committed by a lower court. There can only be a right to appeal if expressly provided by law. It then discusses the different levels and types of appeals, including appeals to the Supreme Court, High Court, and Court of Session. It also describes the procedures that must be followed for appeals, such as attaching a copy of the lower court's judgment. The appellate court has powers to dismiss appeals summarily if there is no sufficient ground, or to obtain further evidence and alter or reverse the lower court's decision.
This document is the Courts of Judicature Act 1964 of Malaysia. It establishes the structure and jurisdiction of the superior courts of Malaysia, including the High Court, Court of Appeal, and Federal Court. The Act provides definitions of key terms, outlines the composition and powers of each court, and establishes their original and appellate jurisdiction over both civil and criminal matters. It also addresses administrative details such as court sittings, vacations, and rules of procedure.
ISO is the International Organization for Standardization that develops international standards to promote global trade. BIS is the national standards body of India that operates a product certification scheme. Some key points:
- ISO has over 15,000 published international standards and is made up of 156 member countries. BIS has set standards for over 2,500 Indian products and tests market and factory samples annually.
- Popular ISO standards include ISO 9001 for quality management and ISO 14001 for environmental management. BIS provides the ISI mark of quality for certified Indian products through its licensing and surveillance process.
- Both organizations aim to facilitate trade and commerce through standardization while ensuring public safety, health, and compliance with regulations.
The document discusses entrepreneurship and the entrepreneurial process. It defines entrepreneurship as taking risks to create new value through time and effort. The key functions of entrepreneurs are innovation, risk taking, and organizing new businesses. The stages of the entrepreneurial process include opportunity analysis, planning, acquiring funding, implementing plans, and growing the business. A business plan is also essential, outlining the industry, product/services, marketing, finances, and risks of the new venture.
The document is a court order from the High Court of Himachal Pradesh regarding a petition seeking to quash an FIR registered against the petitioner, an advocate, for protesting against restrictions on the entry route to the District Court complex in Shimla. The court order provides background details on the FIR and the petitioner's arguments. It discusses the stage at which an FIR can be quashed, prior judicial precedents on quashing FIRs, and examines whether the allegations in this case prima facie disclose any offense. The court will further consider whether the FIR and proceedings against the petitioner should be quashed.
The document provides an overview of plea bargaining in India. It defines plea bargaining as negotiations between the accused and prosecution where the accused pleads guilty in exchange for concessions. Plea bargaining originated in the US in the 1970s and was introduced in India based on the doctrine of nolo contendere. The document outlines the process for plea bargaining applications in India, including eligibility, contents of applications, procedures, and sentencing guidelines. It also discusses past opposition to plea bargaining in India and exceptions where it is not permitted.
The document is an internship diary from a law student interning under Justice Dipak Misra at the Supreme Court of India. Over the course of 6 days, the student summarized cases heard by Justice Misra, observed court proceedings, conducted legal research, and submitted a report. The diary provides concise high-level summaries of the cases heard and legal issues discussed during the internship.
The document summarizes the internship diary of Ronak Karanpuria during their internship at the Supreme Court of India under Justice Dipak Misra. Over the course of 6 days, the intern observed court proceedings, conducted legal research, and worked on case studies. Some of the key cases discussed include appeals related to land disputes, criminal convictions, and employee benefits. The intern gained experience in legal research, analyzing facts and issues in cases, and summarizing judicial decisions.
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
O Chandsaheb Shaikh On 9 December, 1991msdhillon72
This judgment summarizes a case in which the State of Maharashtra appealed an order acquitting a shopkeeper accused of selling adulterated cinnamon. The appellate court analyzed the evidence presented at trial, including testimony from food inspectors who purchased a sample from the shopkeeper and had it tested. The court found that the trial court erred in acquitting the shopkeeper and overturned the acquittal based on the evidence that the sample sold as cinnamon was found to contain no cinnamon.
Jethmal Himmatmal Jain And Others Vs State Of Maharashtra On 12 March, 1981 (1)msdhillon72
This document summarizes a court order regarding a petition filed to quash criminal proceedings against employees of a chemist shop. The key details are:
1. Police raided the chemist shop in 1974 and seized misbranded and substandard drugs. A complaint was filed in 1977, more than 3 years later.
2. The petitioners argued the court had no jurisdiction to take cognizance due to the delay without first condoning it. However, the court did not explicitly condone the delay.
3. The court order examines the relevant code sections on limitation of periods. It holds that condoning delay is a prerequisite for cognizance. As the court did not record condon
The Supreme Court granted the petition seeking to reverse the orders of the trial court judge who acquitted the respondents of drug charges. The Supreme Court found that the trial court judge gravely abused his discretion in granting the demurrer to evidence filed by the respondents. The police officers directly witnessed the illegal drug sale that occurred during a buy-bust operation. The testimonies of the police officers established that the respondents were caught in flagrante delicto negotiating and carrying out the sale. The Supreme Court ruled the trial court ignored clear proof that the elements of the crime were established.
Professional ethics contempt of courts act - re arundhati roy caseMohith Sanjay
1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
Paralegal Cup Winning Memorandum of LawKaren Jacobs
The Supreme Court of the Paralegal Cup is appealing a decision by the Court of Appeal to grant a stay of proceedings due to a breach of the respondent's right to be tried within a reasonable time. The appellant argues that the Court of Appeal erred in granting the stay based only on inferred prejudice when there was no finding of actual prejudice. The appellant further argues that the Court of Appeal failed to properly balance the rights of the accused against societal interests in seeing criminal cases tried. The appellant seeks to overturn the stay and reinstate the respondent's conviction.
This document provides a 3-page summary of a bail application hearing in the High Court of Jammu and Kashmir.
[1] The petitioner, Aman Sagotra, is seeking bail in an FIR registered under Section 376 IPC (rape) against him. He claims the sexual relationship was consensual as the prosecutrix willingly entered into it.
[2] However, the prosecutrix alleges the petitioner developed an illicit relationship with her against her will while she was a minor, and raped her on 22.10.2019 by threatening her.
[3] Considering the factors governing bail under law, the Court finds a prima facie case of rape against the petitioner. It
Lawweb.in when court should not set aside arbitration awardLaw Web
When an Appellate Court deals with the 'Award' assailed in an 'Appeal' it is to bear in mind fully the salient factors:--
"(i) A Court of Law cannot substitute its own decision as if sitting in Appeal over the Award.
(ii) Ambit of interference that the 'Award' is limited.
(iii) A Court of Law is to look into whether there is any negation of the 'Principles of Natural Justice'.
(iv) A Court of Law can interfere only if there is an error on the face of the 'Award'.
(v) A Court of Law can interfere if an 'Arbitrator' had brushed aside/ignored the relevant clause and the terms of the agreement.
(vi) The Award is cemented on a proposition of Law which is erroneous.
(vii) An award could not be set aside just because the reasons are spelt out in brief.
(viii) Interpretation placed by the Arbitrator ought not be disturbed if it is plausible and not because a Court of Law would have come to a different conclusion.
(ix) No interference would be called for when an Arbitrator renders a finding on a particular question of Law when authorised by the concerned parties.
(x) A Court of Law should not disturb the 'Findings' of the Arbitrator when based on facts.
(xi) There must not be a reappreciation of the evidence by a Court of Law, in as much as the same was considered by an Arbitrator."
- See more at: http://www.lawweb.in/#sthash.RIhxrPsK.dpuf
The Municipal Corporation filed a complaint against a company that manufactured toffees and several individuals associated with the company, including the manager and directors, for violating food safety standards after a sample was found to be non-compliant. The High Court quashed proceedings against the directors, finding no clear allegation of their responsibility. The Supreme Court upheld quashing proceedings against the directors but allowed it against the manager, finding his role inferred responsibility, while leaving open the possibility of proceedings against the directors if additional evidence is produced.
The document discusses a revision application aimed at revising an order of the Provincial High Court regarding a dispute over the use of a pathway between three siblings. The High Court refused to entertain the revision application, stating there were no exceptional grounds. The petitioner argues this was contrary to law and facts of the case. The document analyzes relevant case law and acts governing disputes over land rights to determine what must be proven to establish entitlement to a disputed right in the Primary Court under this act, concluding there are two ways to prove entitlement: 1) by establishing acquisition of the right as in a civil case, or 2) by proving enjoyment of the right at the time the dispute arose, which requires less stringent proof than a civil case.
The document discusses a revision application aimed at revising an order of the Provincial High Court regarding a dispute over the use of a pathway between three siblings. The High Court had refused to entertain the revision application, stating there were no exceptional circumstances. The petitioner argued there were exceptional circumstances warranting revision. The Court of Appeal analyzed relevant case law and principles regarding revisionary jurisdiction. It determined that the petitioner failed to establish exceptional circumstances to warrant revision by the Court of Appeal. The document also discusses the standard of proof required in determining entitlement to rights under Section 69 of the Primary Court Procedure Act in disputes brought under Chapter VII.
Plea bargaining allows a defendant to plead guilty in exchange for concessions from the prosecution. It has been introduced in India to help reduce case backlogs. Key points of plea bargaining under Indian law include: it does not apply to offenses punishable by death or life imprisonment or over 7 years; or offenses affecting socioeconomics or committed against women or children under 14. The court will facilitate negotiations between the prosecution and defendant to reach a mutually agreeable disposition involving compensation and sentencing concessions. If accepted by the court, the judgment is final and not appealable except through special leave. Plea bargaining aims to provide an alternative dispute resolution mechanism to expedite case disposal in India.
APPEALS AGAINST DECISIONS OF THE EXAMINING MAGISTRATE IN CAMEROONAkashSharma618775
The Examining Magistrate is involved in the administration of justice in Cameroon. His functions are to
carryout preliminary investigations and this has caused the preliminary duties of investigation to be smooth and
more matured. Preliminary Inquiry is therefore a criminal hearing usually conducted by an Examining Magistrate
to determine whether there is sufficient evidence to prosecute the defendant before a competent court of law.
During the preliminary inquiry, the Examining Magistrate is assisted by a Registrar and the defendant may be
represented by counsel. At the close of the inquiry, the Examining Magistrate shall ascertain whether or not any
offence is sustainable on the evidence against the defendant and shall make either a total or partial no case ruling
or a committal order. These various orders and rulings of the Examining Magistrate can be appeal against by any
disgruntled party to the proceedings before the Inquiry Control Chambers (ICC) of the competent Court of
Appeal.
This document summarizes a court case between R.J. Reynolds Tobacco Company and Jan Grossman regarding Grossman's lawsuit against R.J. Reynolds over the death of his wife Laura Grossman from lung cancer. The court document discusses the background and history of the case, which went through multiple trials. It also summarizes R.J. Reynolds' arguments on appeal, including alleged errors during jury selection and issues with comments made by Grossman's attorney during closing arguments. The court ultimately affirmed the jury's verdict but ordered the compensatory damages award to be reduced proportionally based on the jury's comparative fault finding between Grossman's wife and R.J. Reynolds.
Mohalidetail Of Pfa Cases To Launch Dec 08 Detail 1 9 Mohali Launchedmsdhillon72
This document lists 19 court cases that have been launched in the Court of Food Law. The cases involve various food items including kala kand, barfi, fish, ghee, milk products, and ice cream. Most cases involve charges against individuals or companies for violating food regulations. The document provides the name of the accused, details of their business, and the case reference number for each ongoing case.
List Of Court Cases Launched In The Court Of Food Law 1 5msdhillon72
This document lists 5 court cases that have been launched in the Court of Food Law. The cases involve various food products and businesses in the Chandigarh and Zirakpur areas. The cases involve Kala Kand, Barfi, fish fry, desi ghee, and agmark pure ghee. The next hearing dates are not provided. The cases are between the state government and individual proprietors or business owners.
This document is a letter from a Civil Surgeon in Ferozpur, Punjab sending food samples to the Chief Public Analyst at the King Institute in Guindy, Chennai for analysis under Section 13(2)E of the Prevention of Food Adulteration Act of 1954. The Civil Surgeon requests analysis of the samples and a report so further necessary action can be taken regarding the samples. The letter includes an enclosed Form VII.
The document lists 5 court cases being heard in the Court of Food Law. The cases involve charges against individuals and businesses regarding cow milk, red chilly powder, raisins and chocolate, Kravour raisin covered, and Max crunch milk chocolate with rice cereal. The next date of hearing is not provided.
This notice from the local health authority informs the owner of Priya Sweets that food items were seized from their vehicle during an inspection. Samples were sent for analysis and the reports found that barfi and kalakand were adulterated and unfit for consumption. As these items are perishable, the health authority will destroy them according to the law. The owner can collect the stock of patisa, which was found to meet standards. The notice is informing the owner of the action being taken regarding the seized food items.
1) The complainant, a government food inspector, inspected the premises of the accused and found them selling food products without a valid license.
2) Samples of the food products were purchased, sealed, labeled, and sent to the public analyst for testing.
3) The public analyst's report found the food products to be adulterated.
4) The complainant is requesting legal action be taken against the accused for violating the Prevention of Food Adulteration Act by selling adulterated and unlicensed food products.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The Civil Surgeon-Cum-Local Health Authority from Ferozpur is sending 6 food samples to the Chief Public Analyst at the King Institute of Guindy in Chennai for analysis under the Prevention of Food Adulteration Act. The samples include Angoori Petha, Dry Petha, Sugar, Petha, and Angoori Petha collected from Ferozpur and Abohar, with details on the sample codes, collection dates, and types of food provided. A copy of the memo and impression of the seal used on the sample packets is also being sent separately.
This document contains a list of 44 email addresses. The emails are not grouped or labeled and range from amr_ishdubey@yahoo.co.in to rakhi.vinayak@gmail.com. There is no other text or context provided.
This document contains contact information including phone numbers for various officials across different departments in the Ferozepur district of Punjab, India. It lists commissioners, deputy commissioners, SDMs, tehsildars, police officials, municipal committee executives, judicial officers, rural development block program officers and others, along with their office and home phone numbers.
This document contains a summary of food samples collected in April 2009, including 12 entries with details of the sample number, code, sample type, vendor name and address, and date. The samples collected were of products like haldi powder, zeerar, cow milk, matka kulfi, strawberry ice cream, kesar pista ice cream, ice cream, chocolate ice cream, ice cubes, paneer, and more from various vendors located in Mohali, Chandigarh, and Ropar. The document appears to be a report submitted by a food inspector providing details of food sampling for the month of April 2009.
Detail Of Samples Seized During Month Reoptmsdhillon72
This document appears to be a log or record of samples seized during a month. It lists sample numbers, slip numbers, dates, names of articles and vendors but all the fields are blank, suggesting this is a template or header for a record that was not fully completed or populated with data. The document is signed by a government food inspector.
1) A food inspector intercepted a vehicle carrying food articles for sale and seized samples of barfi, kalakand, and patisa for testing, as they appeared adulterated.
2) Testing found barfi and kalakand to be adulterated and unfit for human consumption, while patisa met standards.
3) As the seized food articles were perishable, the inspector requested the local health authority destroy the barfi and kalakand after notifying the vendor, and return the patisa.
Court Cases Launched In The Court Of Law Barnala State Vs1 9msdhillon72
This document lists 13 court cases related to food law that were launched in the Court of Food Law. Each case provides the case number, details of the item in question (such as cow milk, biscuits, or mixed milk), the name and address of the defendant, and the date of the next hearing. The document was prepared by a government food inspector.
This document is a calendar for the month listing court hearing dates. It shows that hearings will be held every day except Sunday. The calendar is sent from Manjinder Singh Dhillon, a Government Food Inspector, to the Civil Surgeon regarding hearing dates in court cases that month.
Court Cases Launched In The Court Of Law Barnala State Vsmsdhillon72
This document lists 19 court cases that have been launched in the Court of Food Law. It provides the case numbers, names of defendants, and villages or locations of defendants. The document does not provide any details about the nature of the cases themselves beyond references to items like "cow milk", "mixed milk", and "biscut" in some of the case descriptions. It also does not include the next date of hearing for any of the cases.
Copy Of Ropar Detail Court Cases 1 8 Datesmsdhillon72
This document lists 8 court cases that will be heard in the Court of Food Law. It provides the case name and number, plaintiff (STATE), defendant name and address, and slip number for each case. The cases involve food products like ghee, milk, curd, and jaggery being brought to court for potential violations of food law. The document schedules these 8 cases to be heard by the Court of Food Law.
Copy Of Court Cases Launched In The Court Of Lawmsdhillon72
This document appears to be a table listing court cases that have been launched. It includes columns for the serial number, slip number, names of articles, names of vendors, states launching the cases, and next dates for hearings. The table contains 11 total rows but no other information is provided in the cells.
1. IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : PFA Act
Crl.App.428/1998
Date of Reserve : 10.02.2009
Date of decision : 18.02.2009
STATE …Appellant
Through: Mr. Arvind Kumar Gupta, APP
Versus
ANIL KUMAR SODHI and ANR. ..Respondents
Through: Mr. M.L. Alwadhi, adv.
MOOL CHAND GARG, J.
1. The present appeal was filed by Delhi (Administration) under section
378(4) of C.r.P.C against the judgement dated 6.03.1997 passed in appeal by
Ld. ASJ acquitting the respondent of the charges under section 7 and 16 of
the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the
PFA Act) by reversing the judgment of the Metropolitan Magistrate New
Delhi dated 13.3.96 whereby the respondent was convicted for having sold
600 Grams of Atta which as per the report of Public Analyst was found to
have contained some living and dead insects though it met the standards
fixed by the rules for ATTA. Leave to file appeal was granted on
07.10.1998. Arguments were heard on 10.02.2009 and the appeal was
dismissed. Now I supply the reasons.
2. Briefly stating the facts giving rise to filing of this appeal are; that on
20.02.1987 a team of food inspectors visited M/s. Sodhi Flour Mill, at C-35,
Okhla Industrial Area New Delhi and purchased 600 gms of Atta on
payment of Rs.1.50p as price for sample analysis as per the provisions of the
PFA Act and Rules. The sample was taken out of hundered Kilo bag. After
2. following the procedure of mixing, sealing and fastening in accordance with
the Act, one part of the sample was sent to P.A, Delhi for analysis. The P.A
analysed the sample and vide her report dated 26.2.1987 opined that the
sample of the Atta was adulterated because she found 3 living and 3 dead
insects in approx. 200 gms of sample which was sent for analysis. On that
basis a complaint was filed against the respondent alleging violation of the
provisions of section 2(ia)(a)(f)(i) of the PFA Act punishable under section 7
read with section 16 of the PFA Act.
3. The aforesaid provision reads as under: 2.(ia) ``adulterated'`’an article of
food shall be deemed to be adulterated’(a) if the article sold by a vendor is
not of the nature, substance or quality demanded by the purchaser and is to
his prejudice, or is not of the nature, substance or quality which it purports
or is represented to be; (f) if the article consists wholly or in part of any
filthy, putrid, , rotten, decomposed or diseased animal or vegetable
substance or is insect-infested or is otherwise unfit for human consumption;
(i) if the container of the article is composed, whether wholly or in part, of
any poisonous or deleterious substance which renders its contents injurious
to health.
4. The Metropolitan Magistrate convicted the respondents by observing
that,’ no purchaser would have ever demand Atta containing 3 living or 3
dead insects or any Egg or Larva of insect which are the earlier stages for the
development of insects. Moreover, under the PFA Act, it is not prescribed
that the sampled commodity like Atta can contain such number of insects.
Thus, it is clearly established that nature, substance or quality of the sampled
commodity in the present case, was not the same as demanded by the FI and
the Atta containing 6 insects is prejudicial to the interest of purchase.
Accordingly, the case was covered within the provisions of section 2(ia) (a)
of the PFA Act’ and thus the respondent was convicted despite the fact that
Atta otherwise met the standards under the PFA Rules.
5. However in Appeal filed by the respondent the Additional Session Judge
held that the whole purpose of the Prevention of Food Adulteration Act was
that unadulterated food articles should ultimately reach the consumer. It was
observed that and in the present case since Atta is a standardised commodity
and the standards have been complied with, it cannot be said that the food
article was adulterated. Thus the findings of the Trial Court were held to be
erroneous on this point and reversed the Judgment of conviction. The
learned ASJ after hearing both the parties also observed , ‘ Keeping in view
3. the fact that Atta is a standardised article for which the standard has been
prescribed as per the PFA Rules and admittedly there has been no violation
of the said standards, in such circumstances it cannot be said that there has
been any violation of the nature, quality or substance demanded by the
purchaser and no evidence has been led to establish as to what kind or
prejudice has been caused to him. It is only in those cases where no
standards have been prescribed that the question or nature, substance or
quality of the food article sold by the vendor can be gone into. Even
otherwise, the department has failed to lead any evidence or establish as to
how the nature, quality or substance of the sample Atta prejudiced to
consumer.’ And accordingly allowed the appeal and acquitted the
respondent. Hence this appeal.
6. The State/ Appellant has assailed the aforesaid Judgment on the ground
that the Ld. ASJ has not considered the evidence on record properly which
shows that the Atta sold by the respondents was insect infested and that as
per the report of the PA contained 3 living and 3 dead insects in a sample of
200 Gms. and thus was not of the prescribed standards. It is also submitted
that the ASJ also ignored the law laid down in 1976(2) FAC 53 and in 1984
(2) FAC 215.
7. However ld. Counsel for the respondents submitted a judgement reported
as 2008 (2) FAC 6., where criteria to deal with an appeal against acquittal
has been laid down in the following words; ‘27. An appeal against acquittal
is also an appeal under the Code and an appellate Court has every power to
re-appreciate, review and reconsider the evidence as whole before it. It is, no
doubt true that there is presumption of innocence in favour of the accused
and the presumption is reinforced by an order of acquittal recoded by the
trial court. But that is not the end of the matter. It is for the appellate court to
keep in view the relevant principles of law, to re-appreciate and re-weight
the evidence as a whole and to come to its own conclusion on such evidence
in consonance with the principles of criminal jurisprudence 28. In Shivaji
Sahbrao Bodade Vs. State of Maharashtra, (1973) 2 SCC 793, dealing with a
similar situation, a three Judge bench Speaking through V.R.Krishna Iyer J,
Stated: ‘Even at this stage we may remind ourselves of a necessary social
perspective in criminal case which suffers from insufficient forensic
appreciation. The dangers of exaggerated devotion to the rule of benefit of
doubt at the expense of social defence and to the soothing sentiment that all
acquittals are always good regardless of justice to the victim and the
community, demand especial emphasis in the contemporary context of
4. escalating crime and escape. The judicial instrument has a public
accountability. The cherished principles or golden thread of proof beyond
reasonable doubt which runs through the web of our law should not be
stretched morbidly to embrace every hunch, hesitancy and degree of doubt.
The excessive solicitude reflected in the attitude that a thousand guilty men
may go but one innocent martyr shall not suffer is a false dilemma. Only
reasonable doubts belong to the accused. Otherwise any practical system of
justice will then break down and lose credibility with the community. The
evil of acquitting a guilty person light-heartedly as a learned author has
sapiently observed, goes much beyond the simple fact that just one guilty
person has gone unpunished. If unmerited acquittals become general, they
tend to lead to a cynical disregard of the law, and this in turn leads to a
public demand for harsher legal presumptions against indicated 'persons' and
more severe punishment of those who are found guilty. Thus too frequent
acquittals of the guilty may lead to a ferocious penal law, eventually eroding
the judicial protection of the guiltless. For all these reasons it is true to say,
with Viscount Simon, that ``a miscarriage of justice may arise from the
acquittal of the guilty no less than from the conviction of the innocent....'` In
short, our jurisprudential enthusiasm far presumed innocence must be
moderated by the pragmatic need to make criminal justice potent and
realistic. A balance has to be struck between chasing enhance possibilities as
good enough to set the delinquent free and chopping the logic of
preponderant probability to punish marginal innocents. 29. Recently, in
Chandrappa v. State of Karnataka (2007) 4 SCC 415: JT (2007) 3 SC 316,
after considering the relevant provisions of the old Code (Code of Criminal
Procedure, 1898) and the present Code (Code of Criminal Procedure, 1973)
and referring to decisions of the Privy Council and of this Court, one of us
(C.K. Thakker, J.) laid down certain general principles regarding powers of
Appellate Court in dealing with appeal against an order of acquittal. In para
42 it was observed: 42. From the above decisions, in our considered view,
the following general principles regarding powers of appellate Court while
dealing with an appeal against an order of acquittal emerge; (1) An appellate
Court has full power to review, reappreciate and reconsider the evidence
upon which the order of acquittal is founded; (2) The Code of Criminal
Procedure, 1973 puts no limitation, restriction or condition on exercise of
such power and an appellate Court on the evidence before it may reach its
own conclusion, both on questions of fact and of law; (3) Various
expressions, such as, substantial and compelling reasons, good and sufficient
grounds, very strong circumstances, distorted conclusions, 'glaring mistakes',
etc. are not intended to curtail extensive powers of an appellate Court in an
5. appeal against acquittal. Such phraseologies are more in the nature of
'flourishes of language' to emphasize the reluctance of an appellate Court to
interfere with acquittal than to curtail the power of the Court to review the
evidence and to come to its own conclusion. (4) An appellate Court,
however, must bear in mind that in case of acquittal, there is double
presumption in favour of the accused. Firstly, the presumption of innocence
available to him under the fundamental principle of criminal jurisprudence
that every person shall be presumed to be innocent unless he is proved guilty
by a competent court of law. Secondly, the accused having secured his
acquittal, the presumption of his innocence is further reinforced, reaffirmed
and strengthened by the trial court. (5) If two reasonable conclusions are
possible on the basis of the evidence on record, the appellate court should
not disturb the finding of acquittal recorded by the trial court.
8. It is also to take note of a judgement delivered by this court in State Vs.
Dwarka Dass (Crl. App. No.135/1989) decided on 2.4.2007 where it was
observed: 5. In Sachchey Lal Tiwari V. State of Uttar Pradesh (AIR 2004 SC
5039) also laid down certain principal in this regard in the following words;-
(i) Generally, the order of acquittal shall not be interfered with because the
presumption of innocence of the accused is further strengthened by acquittal.
(ii) If two views are possible on the evidence adduced in the case, one
pointing to the guilt of the accused and the other to his innocence, the view
which is favourable to the accused should be adopted. (iii) A miscarriage of
justice which may arise from acquittal of the guilty is no less than from the
conviction of an innocent. (iv) Where admissible evidence is ignored, a duty
is cast upon the appellate court to re-appreciate the evidence where the
accused has been acquitted, for the purpose of ascertaining as to whether any
of the accused really committed any offence or not. (v) Court considering
the appeal against the judgment of acquittal is to interfere only when there
are compelling and substantial reasons for doing so.
9. Now coming to the facts of this case, I find that Learned ASJ in her
impugned Judgment has observed that as it was not a case of adulteration
and finding of insects in the 200 gms. of Atta taken for sample analysis does
not mean that it has been deliberately done by the respondents to increase
the value or to downgrade the quality of the food article manufactured by
them. She has also discussed the judgment which has been cited by the
learned counsel for the appellant and which have been rightly distinguished.
It is important to mention over here that as per the report of PA the standard
of the Atta was not below the quality which is required and the presence of
6. insects was only an incident can occur due to open storage. In the above
case, view taken by the Session Court does not suffer from any infirmity and
is not contrary to law. There was no miscarriage of justice and it is not a case
where this Court is required to reverse the order of acquittal by exercising its
power under Section 378(4) Cr.P.C. and, therefore, the appeal filed by the
appellant is hereby dismissed.
Sd/-
MOOL CHAND GARG, J.