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No, an appellate court cannot suspend the sentence upon dismissing an appeal against conviction, regardless of whether the sentence is up to three years or any other duration.
The Court emphasized that "such ad-interim reliefs have their own legal implications" and referenced the Srikant Upadhyay & Ors. v. State of Bihar & Anr. (2024) case, which stressed caution in ...
Based on established legal precedent, an accused person summoned under Section 319 of the Criminal Procedure Code (CrPC) cannot apply for discharge under Section 227 of CrPC.
Once an eviction order is passed, the tenant loses their statutory protection and remains in possession only by virtue of the stay order, not by any right under the Rent Control Act. This legal ...
In summary, while judicial confessions are strong, reliable evidence that can independently support conviction, extra-judicial confessions are weak evidence requiring careful scrutiny and ...
In Indian criminal law, motive and intention are distinct concepts that serve different purposes in determining criminal liability. While often used interchangeably in casual conversation, they have ...
Double jeopardy is based on the Latin maxim "nemo debet bis vexari pro una et eadem causa" which means "no one ought to be vexed twice for one and the same cause". The doctrine traces its origin to ...
Sessions courts in India have specific limitations regarding deciding criminal appeals and revisions in the absence of the accused, with established legal principles that prioritize fair trial and due ...
The Supreme Court's ruling establishes that while informant/raiding officers can generally investigate NDPS cases, the accused must prove specific bias or unfairness to challenge such investigations, ...
The offence of criminal conspiracy can be proved by either direct or circumstantial evidence. However, conspiracy is usually hatched in a secret and private setting which makes it almost impossible to ...
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