Praveen Agrawal, Advocate, New Delhi, Whatsapp # 9811702850

        Accused is one, against whom there are any criminal allegations. Correctness of such allegations are yet to be tested on Judicial Touchstone.   During the course of investigation, Judicial Magistrate have a Right to Record the Statement (including confession) of either of the Parties u/s 164 of Criminal Procedure Code.   The above Question is answered by Hon’ble Supreme Court in the Matter of  A Vs State of U.P.  (decided on 08-10-2020 - Criminal Appeal 659 of 2020 ) by concluding that   “No person is entitled to a copy of statement recorded under Section 164 of the Code till the appropriate orders are passed by the court after the charge-sheet is filed. The right to receive a copy of such statement will arise only after cognisance is taken and at the stage contemplated by Sections 207 and 208 of the Code and not before."   Such a statement can also be used while deciding his bail application. So the situation will arise that...

           Electronic Evidence plays a vital role in any trial – Civil or Criminal. As per Common understanding Electronic Evidence is inadmissible, if it is not accompanied with Section 65B Certificate. Thereby debarring good evidence because of lack of Section 65B Certificate.   Law on this aspect is re-visited by Supreme Court and it is held as under:-   • If Original Electronic Evidence is produced, there is no need of Section 65B Certificate. However, copies of Original Electronic Evidence will require Section 65B Certificate.    • Electronic Evidence cannot be proved as Secondary Evidence as per Evidence Act.   • Section 65A and 65B of Evidence Act is a complete code in itself.    • Concerned Court can relax the production of Section 65B Certificate to the Person who is NOT in possession of device from which electronic evidence is produced.    Case Law - Arjun Panditrao Khotkar Vs. Kailash Kushanrao ...

           Demand and Payment of Maintenance under Code of Criminal Procedure has always been a vexed question. Maintenance plays an important role in Women Empowerment. Supreme Court in the matter of Abhilasha Vs Prakash Decided on 15-09-2020 came to the conclusion that   “an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Act, 1956, provided she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/ suit has to be under Section 20 of the Hindu Adoptions & Maintenance Act, 1956.”   This Judgment will certainly play an important role in Women Empowerment. In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments. My Google Map Location  

          Can an accused, who was not arrested during investigation, inspite of the fact that :-     (1) he was neither on Bail nor absconding AND (2) he was not arrested during investigation,   be arrested after filing of the Charge-Sheet ?    Many a times such situation arises. In such cases, what is the remedy? Supreme Court has the occasion to deal with such a situation in the case of Dataram Singh Vs. State of Uttar Pradesh and Ors. , decided on: 06.02.2018 wherein it has held as under :-    Generally such an accused, who was co-operating during investigation OR even not co-operating but was not absconding, shall NOT be arrested after filing of Charge-sheet. If he has to be arrested, then a strong case has to be made out for placing such an accused in Judicial Custody.    In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave y...

           Normally, whenever a man buys a house from the builder/ developer, contract provides for a delivery period (Generally 3 years) and also for an extension (Generally 6 months). The contract generally further provides for payment of interest in case of delay in payment by the Buyer and Compensation (which is a meager amount) in case of delayed possession by the Builder.    Since the Compensation by the Builder is very meager, as per the Contract. Therefore the Question which arose for the consideration of Supreme Court was whether Courts can award any compensation exceeding the Contract ? Supreme Court awards compensation to buyer  Supreme Court in the matter of  Arifur Rahman Khan Vs. DLF Southern Homes Pvt. Ltd.  (decided on 24-08-2020) gave Judgment in favour of Buyers and provided for Compensation over and above what is provided under the Contract. In addition to the compensation provided under the contract, Supreme Cour...

                      Many Courts, without recording reasons, are granting Anticipatory Bail for a limited period e.g. till accused’s appearance before Trial Court or say 2 months.  EXPIRY OF ANTICIPATORY BAIL   Different High Courts holds different opinion on the subject. Finally this issue is decided by Supreme Court in the matter of Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Ors. on 29.01.2020, wherein Supreme Court concluded that – Generally, Anticipatory Bail cannot be linked either with Time Frame or with the happening of certain event i.e., Court shall NOT fix a time frame while granting Anticipatory Bail or link it with appearance of accused before Trial Court or any other event.   In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments. MY GOOGLE MAP LOCATION

     Generally, on the filing of charge-sheet, Ld Trial Court directs the accused to surrender and again seek bail, failing which he has to go in jail. This is a tricky situation as grant/ refusal of bail is dependent on the Will of the Trial Court. IS REGULAR BAIL REQUIRED FOR ACCUSED ON ANTICIPATORY BAIL   Thankfully, Supreme Court has finally resolved the situation by concluding that there is no need to seek Bail on the filing of charge-sheet, if accused is already on Bail. Hon’ble Supreme Court in the matter of Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Ors. on 29.01.2020 concluded as follows :-   The analogy to ‘deemed bail’ under section with anticipatory bail leads this Court to conclude that the mere subsequent event of the filing of a charge-sheet cannot compel the accused to surrender and seek regular bail. As a matter of fact, interestingly, if indeed, if a charge-sheet is filed where the accused is on anticipatory bail, the normal i...

                 Sale Deed (Immovable Property) cannot be cancelled if Buyer does not pays balance Consideration – Remedy is to File Suit for Recovery. Dahiben Vs. Arvindbhai Kalyanji Bhanushali (D) thr. L.Rs. and Ors. - decided by Supreme Court on 09.07.2020. Advise – Don’t Execute Sale Deed for Un-cleared Cheques. – Verify genuineness of Demand Draft – And avoid loss of Property and Money. In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments. My Google Map Location

         Nominee's Right to Succession in Company's Shares  Hon’ble Supreme Court in the matter of Aruna Oswal Vs. Pankaj Oswal and Ors. Civil Appeal Nos. 9340, 9399 and 9401 of 2019, decided on 06-07-2020 has held that the successor of deceased person will not acquire any right in the shares till the shares are registered in his name. It further held that such a successor CANNOT even maintain Oppression and Mismanagement Proceedings on the basis of his shares to which he will succeed.   Apparently, the above proposition looks good. But it will have a far reaching consequences and this proposition supports the wrong doers than supporting the Right.  A Nominee (who may be in the control of the Company because of his/ her nomination to the shares of the deceased) OR Persons in the management of the Company, may prevent the Successor from taking part in the management of the company, by simply using the above proposition.   A Nominee may refuse...

           In almost all consumer cases, big fight which consumers have to fight is to get the reply from the Company. Consumer Forums are also reluctant to proceed ahead and keeps on giving dates for filing of Reply. Result – Inordinate delay in granting relief to Consumers.   This issue arose before the Constitution Bench of Hon’ble Supreme Court in the matter of New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (Decided On: 04.03.2020) and 5 Judges Bench of Hon’ble Supreme Court has decided that No reply can be filed after the expiry of 30 +15 days.  THE CONSEQUENCE – Generally, Company files Reply on the first date of hearing. If 45 days has lapsed from the date of receipt of notice, no reply can be filed even on the First date of Hearing. In any case, Consumer forums are powerless to grant period exceeding 45 days to Company to file their reply.  By Use of this Judgment, Battle is half won as Company's defence w...

      The Common understanding is if Lender has refused to accept the repayment of Loan, then the Borrower’s Liability to pay the interest ceases from the date of such refusal. However, this does not seems to be the correct proposition of Law.  In an recent judgment titled Balwinder Singh Vs. Mithoot Finance (P) Limited and Ors Ld National Consumer Dispute REdressal Commission (NCDRC), (Revision Petition No. 2194 of 2015, Decided On: 23.07.2020 ) refused to accept the argument of the Borrower that he has tendered to repay and imposed an interest on the borrower even for the period subsequent to the said offer to repay.   While coming to this conclusion , LD NCDRC relied on the Judgment of Hon'ble Supreme Court in the matter of Alok Shanker Pandey Vs. Union of India &Ors. , II (2007) CPJ 3 (SC) has observed as under:-  “9. It may be mentioned that there is misconception about interest. Interest is not a penalty or punishment at all, but it is the normal...

     Unregistered family settlement deed  Unregistered family settlement deed can be relied upon by the Court even though it transfers Immovable Property. Such Transfer is not bad in law.   Thus, a large Scope has been created to settle landed properties between the Family Members even without payment of  Registration Charges, which are very heavy (in some states they are even 8% or more of the disclosed value). Save Registration Fees.   This proposition is laid down in the matter of Ravinder Kaur Grewal Vs Manjit Kaur by Supreme Court on 31-07-2020 in the following words  The settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, su...

     Bank Loan Defaults- DRT- Appeals    Defaults in Bank Loans are recovered through Debt Recovery Tribunals. Borrower, if unsatisfied with the Judgment of Debt Recovery Tribunals, can appeal to Debt Recovery Appellate Tribunals (DRAT). Supreme Court in the matter of Kotak Mahindra Bank Vs Ambuj A Kasliwal (decided on 16-02-2021) has held that Borrower has to deposit 50% of the decreed amount before his appeal is admitted. In exceptional circumstances, DRAT can reduced this amount to 25%, BUT in no case it can be reduced below 25% of the decreed amount. Failure to deposit this amount will result in dismissal of appeal. In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments. My Google Map Location    

     Restrictions to travel abroad by Accused of Non-Bailable offence   In case of non bailable offence, CrPC (Criminal Procedure Code) provides for certain restrictions (including restriction to travel abroad), whereas no such restriction is provided in case of Bailable offence. Fact of the matter is Bail–Bond also provides for the said restrictions.  Supreme Court of India in the matter of Parvez Noordin Lokhandwalla Vs. State of Maharashtra and Ors . (Criminal Appeal No. 648 of 2020 Decided On: 01.10.2020 ) had the occasion to deal with Section 437 of Code of Criminal Procedure alongwith “Right to Human Dignity” and concluded that if the accused has been frequently travelling abroad he cannot be denied his Right to Travel Abroad only because an FIR has been lodged against him. This Judgment comes as a relief to such persons who are frequently foreign travelers and are taken for a ransom by lodging an FIR in non-bailable offence. Till now, they were comp...

     Normally, in Criminal Appeals, High Court grants bail/ Suspension of Sentence by short and cryptic orders. i.e. without discussing the offence, evidence and the grounds on which bail/ suspension of sentence is made out. It is commonly understood that Bail/ Suspension of Sentence is the Complete discretion of the Judge concerned.    In a recent judgment of Preet Pal Singh Vs. The State of Uttar Pradesh decide by Supreme Court on August 14, 2020, this popular presumption (Bail/ Suspension of Sentence is the complete discretion of the Judge concerned) was stuck down and Bail Order was set aside because High Court has failed to discuss and make out the grounds for grant of Bail.    In the said judgment Hon’ble Supreme Court observed that  In considering an application for suspension of sentence, the Appellate Court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie err...

Family relations becomes ugly at the time of distribution of family property, especially distribution after the death of Head of the Family. Will is a fragile document. It is so fragile that even a subsequently executed unregistered WILL may even supersede earlier executed and registered WILL. The Question is how to prove WILL. It has to be proved by at least one of the attesting witness, if found and is in a position to depose. Generally, such attesting witness gives evidence only of execution of WILL in his presence. This may destroy the whole case. Attesting Witness has to depose about (1) Execution of WILL in his presence and ALSO (2) attestation of other attesting witness. If you have a case in which attesting witness has not deposed as per (2) , you will win the case. Supreme Court in the matter of  V. Kalyanaswamy (D) by L.Rs. and Ors. Vs. L. Bakthavatsalam (D) by L.Rs. and Ors.  has held as above in the following words :-  In the case of a Will covered Under Secti...

Bail Bond restrictions on Right to Travel Abroad In case of non bailable offence, Criminal Procedure Code provides for certain restrictions (including restriction to travel abroad), whereas no such restriction is provided in case of Bailable offence. Fact of the matter is Bail–Bond also provides for the said restrictions. Supreme Court of India in the matter of Parvez Noordin Lokhandwalla Vs. State of Maharashtra and Ors. (Criminal Appeal No. 648 of 2020 Decided On: 01.10.2020 ) had the occasion to deal with Section 437 of Code of Criminal Procedure alongwith “Right to Human Dignity” and concluded that if the accused has been frequently travelling abroad he cannot be denied his Right to Travel Abroad only because an FIR has been lodged against him. This Judgment comes as a relief to such persons who are frequently foreign travelers and are taken for a ransom by lodging an FIR in non-bailable offence. Till now, they were compelled to settle these matters failing which their business / ...

Accused is one, against whose there are any criminal allegations. Correctness of such allegations are yet to be tested on Judicial Touchstone. During the course of investigation, Judicial Magistrate have a Right to Record the Statement (including confession) of either of the Parties u/s 164 of CrPC The above Question is answered by Hon’ble Supreme Court in the Matter of 𝗔 𝗩𝘀 𝗦𝘁𝗮𝘁𝗲 𝗼𝗳 𝗨𝗣 (decided on 08-10-2020 - Criminal Appeal 659 of 2020 ) by concluding that “ 𝙉𝙤 𝙥𝙚𝙧𝙨𝙤𝙣 𝙞𝙨 𝙚𝙣𝙩𝙞𝙩𝙡𝙚𝙙 𝙩𝙤 𝙖 𝙘𝙤𝙥𝙮 𝙤𝙛 𝙨𝙩𝙖𝙩𝙚𝙢𝙚𝙣𝙩 𝙧𝙚𝙘𝙤𝙧𝙙𝙚𝙙 𝙪𝙣𝙙𝙚𝙧 𝙎𝙚𝙘𝙩𝙞𝙤𝙣 164 𝙤𝙛 𝙩𝙝𝙚 𝘾𝙤𝙙𝙚 𝙩𝙞𝙡𝙡 𝙩𝙝𝙚 𝙖𝙥𝙥𝙧𝙤𝙥𝙧𝙞𝙖𝙩𝙚 𝙤𝙧𝙙𝙚𝙧𝙨 𝙖𝙧𝙚 𝙥𝙖𝙨𝙨𝙚𝙙 𝙗𝙮 𝙩𝙝𝙚 𝙘𝙤𝙪𝙧𝙩 𝙖𝙛𝙩𝙚𝙧 𝙩𝙝𝙚 𝙘𝙝𝙖𝙧𝙜𝙚 - 𝙨𝙝𝙚𝙚𝙩 𝙞𝙨 𝙛𝙞𝙡𝙚𝙙 . 𝙏𝙝𝙚 𝙧𝙞𝙜𝙝𝙩 𝙩𝙤 𝙧𝙚𝙘𝙚𝙞𝙫𝙚 𝙖 𝙘𝙤𝙥𝙮 𝙤𝙛 𝙨𝙪𝙘𝙝 𝙨𝙩𝙖𝙩𝙚𝙢𝙚𝙣𝙩 𝙬𝙞𝙡𝙡 𝙖𝙧𝙞𝙨𝙚 𝙤𝙣𝙡𝙮 𝙖𝙛𝙩𝙚𝙧 𝙘𝙤𝙜𝙣𝙞𝙯𝙖𝙣𝙘𝙚 𝙞𝙨 𝙩𝙖𝙠𝙚𝙣 ...

Till now, the only remedy to an innocent person who has been falsely implicated in a criminal case was his release (acquittal) after suffering some years / months/ weeks/ days in imprisonment. Nothing happens to the Police Officials who has falsely implicated an innocent man. Supreme Court in the matter of State of Gujarat Vs Kishanbhai has held that such Investigating officers (who has investigated the case which has resulted in acquittal) must be identified and a departmental action must be taken against him. He may also be temporarily or permanently withdrawn from Investigation. Hoping that readers will take the benefit of this wonderful judgment of Supreme Court. In case , you need any clarification / assistance / help, please feel free to contract me on my whatsapp number. i will be happy if you can leave your comments below in this respect.  MY GOOGLE MAP LOCATION