Criminal case From FIR to Conviction.

154 -FIR registered
157 -Investigation begins
173(2) -Final Report is filed before Magistrate
190(1)(b) - Magistrate takes cognizance
204 -Warrant/summons issued to accused
207 - Copy of police report, documents supplied to accused 209 -Magistrate commits case to Sessions Court
226 - Prosecution case opening
227 -Discharge denied because there is sufficient ground for proceeding
228 - Charge framed
229 - Pleaded not guilty
230/231 -Prosecution evidence
232 -Not acquiited because there is sufficient evidence

#Query #Jallikattu

Do animals have fundamental right ?

#Analysis

In our view, animals have several statutory rights, but no fundamental rights, though there are a few judgments which stops short of saying this. If humans are entitled to fundamental rights, why not animals?, the Kerala High Court had observed in N.R. Nair And Ors., Etc. Etc. vs Union Of India AIR 2000 Ker 340 indiankanoon.org/doc/936999/

#Query

Caselaws which say that scope of Section 37 Arbitration Act is very narrow and limited like Section 34

#Analysis

Since S 37 is an appeal against the order passed in S 34 proceedings, it goes without saying that the scope of S 37 cannot be wider than S 34. In fact, the Delhi HC in Movie Times Cineplex Pvt Ltd vs MRG Developers Pvt Ltd livelaw.in/pdf_upload/mug… held that the scope of judicial scrutiny and interference by an appellate court
under Section 37 is even more restricted, than while deciding a
petition under Section 34

#Query

MV Act amendment saying no MACT claim can lie after 6 months of accident came into force on 1st April 2022. Is this bar applicable to claims arising out of accidents that occurred prior to 1 April 2022? In other words, does the amendment has retrospective application? Since the amendment came into force only six months ago, we believe that caselaws on the issue of retrospective application is only at a developing stage. But what we feel is that the limitation introduced through an amendment cannot be given retrospective effect.

#Query #LearnCPC

In appeal against order of rejection of plaint, the plaintiff-appellant files an application before the Appellate Court seeking amendment of plaint? Can this application be allowed at the appellate stage?

Vote here t.me/learncpc/12 The basic question which needs to be answered first is whether an amendment of plaint can be permitted at appellate stage? This issue is fairly settled in view of the expression 'at any stage of proceedings' in O VI R 17. This has been interpreted to include appellate stage.

World No-Tobacco Day.

In K Ramakrishnan vs State Of Kerala AIR1999Ker385, the Kerala HC made public smoking illegal. indiankanoon.org/doc/1480636/

In Murli S Deora vs UoI AIR 2002 SC 40, SC directed State/UTs to ensure prohibiting smoking in public places indiankanoon.org/doc/1495522/ " Smokers dig not only their own graves prematurely but also pose a serious threat to the lives of lakhs of innocent nonsmokers... "

-Kerala High Court in K Ramakrishnan vs State Of Kerala AIR 1999 Ker 385

indiankanoon.org/doc/1480636/

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Supreme Court

Prem Shankar Prasad vs. State Of Bihar | LL 2021 SC 579 | CrA 1209 OF 2021 | 21 October 2021 | Justices MR Shah and AS Bopanna

via @LiveLawIndia

livelaw.in/top-stories/su… Specific Role Of Accused Not Required To Be Stated In Order Granting Prior Approval U/s 24(1)(a) KCOCA : Supreme Court

Kavitha Lankesh v. State of Karnataka | LL 2021 SC 578 |SLP(Diary) 13309 OF 2021 | 21 October 2021 |

livelaw.in/top-stories/su…

This thread is about the Supreme Court judgments reported by @LiveLawIndia in September 2021 LL 2021 SC 408- Union of India vs. S. Narasimhulu Naidu (Dead) livelaw.in/know-the-law/s…

Beginning of the thread on Supreme Court judgments that dealt with the subject of Fundamental Right to Free Speech & Expression [Specifically Article 19(1)(a) & 19(2)].

Today's thread on judgments between 1950-1960]. This will be updated in coming days.

Source: @indiankanoon A.K. Gopalan vs State Of Madras [19 May 1950 ; AIR 1950 SC 27 ] indiankanoon.org/doc/1857950/