LexLords NRI Legal Services Smethwick By NRI Legal Services LexLords
This Article exhorts the State to provide equal justice and free NRI Legal Services aid and reads as under: It is obvious, that the aforesaid extra-judicial confession was made as is apparent from the statement of the appellant (extracted hereinabove) to save himself from any adverse, physical handling by the investigating authorities. and this is the next point on which the prosecution relies. 1986 on the ground that the appellant had not calculated the benefits under notification dated 06. As we have said, the other prisoners were all committed to jail custody in the usual way, so there was no difficulty about observing the rule.
In the circumstances, we do not feel that the confession by itself can be used to corroborate the rickshaw coolie Sannatrao, P. " No explanation has been given why these directions, which were made for good reason, were disregarded in Guruba- chan's case. It has already been held by this Court in a catena of cases that when a dying declaration is suspicious, it should not be acted upon without corroborative evidence.
The constables in charge take the prisoners out to the latrine and also arrange for their food. This is in disregard of the Rules and Orders (Criminal) of the Nagpur High Court which enjoin at page 25, paragraph 84, of the 1948 edition that -- "After a prisoner has made a confession before a a magistrate he should ordinarily be committed to jail and the magistrate should note on the warrant for the information of the Superintendent of the jail that the prisoner has made a confession.
1986 after including the figure of sale of levy cement in the base year, that is, 1984- This Court, in a number of cases, has held that the evidence of circumstance simplicitor that an accused led a police officer and pointed out the place where weapon was found hidden, would be admissible as conduct under Section 8 of the Evidence Act, irrespective of whether any NRI Legal Services statement made by him contemporaneously with or antecedent to such conduct falls within the purview of Section 27 of the Evidence Act.
By the Forty-Second Amendment to the Constitution in the year 1976, administration of justice became a Concurrent Subject, having been included as Entry 11A in List III which resulted in requisite modification to Entry 3 in List II as well. 2001 was issued to the appellant seeking to disallow the benefit under notification dated 06. Now though Gurubachan was kept in the magisterial lock up the distinction between the magisterial lock up and police custody in Gondia is only 538 theoretical.
But NRI Legal Services there is other corroboration. 1 Neelam Nag was absent, however, at the request of his Counsel, the examination of prosecution witness was deferred. Administration of justice, constitution and organization of all courts except the Supreme Court and the High Court; officers and servants of the High Court; procedure in Rent and Revenue Courts; fees taken in all courts except to the Supreme Court. Gopalan's case (supra) Fazl Ali J. Alagurajan " PW12, the Village Administrative Officer, effectuated the aforesaid object, by accompanying the appellant to the police station, and ensuring his arrest at the hands of Arumugam " PW20.
Alagurajan " PW12 was the then Village Administrative Officer. 2012 Prosecution witness A. It is also not a matter of dispute, that R. in his dissenting judgment took the view that 641 "restrictions" might cover the case of total deprivation, but none of the other members of that Bench accepted that position. The Head Constable in fact is in charge. 1999 with regard to the alleged recovery of the country-made pistol recovered at the behest of the appellant-accused which is as under:- Result of Examination In the above backdrop, it would be appropriate to quote the Forensic Report dated 25.
Secondly--Tenures existing at the time of settlement which have not been held at a fixed rent ,' Provided always that the rents of such tenure shall be liable to enhancement under any law for the time being in force for the enhancement of the rent of such tenures. Jitendra present in Court. It consists of the sari border. 55 tells us that-- "The Station House Officer Gondia deputes constables for duty in the lock up. None of the judges who have handled this ease has given any reason why this rule could safely be departed from in this particular case.
All this makes it unsafe to disregard the rule about using accomplice testimo- ny as corroboration against a non-confessing accused. The accused / Respondent No. Police constable Lalbahadur P. 12) An objection was raised by learned senior counsel for the appellant- accused that recovery of fire arm at the instance of appellant-accused was planted by the police and it could not have been relied upon. At the same time, by the very same amendment, Article 39-A was also inserted in Part IV of the Constitution which relates to the Directive Principles of State Policy.
In NRI Legal Services view of such infirmities in the dying declaration, we are of the opinion that the High Court has rightly discarded the same. In practice, it NRI Legal Services is no better than police custody. " Also, Guha admits that he interrogated Gurubachan in the lock up twice within the ten days which succeeded the confession. For the assessment year 2000-2001, a Show Cause Notice dated 11.