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Court should protect rights of accused as well as victim

Madras High Court:  Setting aside the decision of the Court of Special Judge under the Prevention of Corruption Act, refusing the petitioner accused the right to recall an important witness for cross-examination, the Bench of Dr. P. Devadass, J., allowed the petitioners to recall the witness for cross-examination cautioning that the cross-examination should be completed as soon as possible and that deferring the same would not be permitted. However, taking the opportunity to ponder upon the conflict between an accused person’s constitutionally guaranteed right of defense, the duty of the State to punish the offenders and the plight of the victims/witnesses due to prolonged trials, the Court observed that a court should be magnanimous in protecting the rights of the accused, however it must ensure that this magnanimity does not become a headache for the victims of the offences and the witnesses, thereby resulting in failure of justice. The petitioners  were charged for the o...

Indefinitely pending Criminal Case is violation of Constitutional Rights of Accused

Delhi High Court in Joginder Singh vs. State has observed that keeping a criminal case pending for indefinite period amounts to violation of constitutional rights of the accused recognized under Article 21 of the Constitution of India. Quashing the criminal cases against the accused which were pending since 1998, Justice Suresh Kait said “The petitioner is facing the trial since 1998 although there is no delay on his part. More than 17 years have already been passed”. In 1996, FIR was registered against the petitioner for the offences punishable under Sections 468/471/120B/34 IPC, but charges are not framed till date. The petitioner in this case was arrested on the basis of a disclosure statement made by one Daljeet Singh. Two other accused persons have been declared as proclaimed offenders. Referring to Vakil Prasad Singh v. State of Bihar AIR 2009 SC 1822 , the court said “Nothing material has been brought in the notice of this Court that delay in framing charge is caused by the peti...

SARFAESI: Can conditions be waived by borrower ? - Waiver defined

Cited : 1)  Mathew Varghese  v.  M. Amritha Kumarr & Ors. ;  2014 (2) SCALE 331 2) C.A. No. 3865 of 2014 titled as  J. Rajiv Subramaniyan & Anr.  v.  M/s Pandiyas & Ors., Supreme Court 3)  General Manager. Sri Siddeshwara Cooperative bank Limited and Anr  v.  Ikbal & Ors.; (2013) 10 SCC 83 4)  State of Punjab  v.  Davinder Pal Singh Bhullar & Ors.; 2011 (14) SCC 770 5) P annalal Binjraj  v.  Union of India  and  P.D. Dinakaran (1)  v.  Judges Enquiry Committee 6)  Power Control Appliances  v.  Sumeet Machines (P) Ltd., Supreme Court 7)  P. John Chandy & Co. (P) Ltd. v. John P. Thomas 8) Dawsons Bank Ltd. v. Nippon Menkwa Kabushiki Kaisha 9) Basheshar Nath v. CIT, Mademsetty Satyanarayana v. G. Yelloji Rao 10) Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh 11) Jaswantsingh Mathurasingh v. Ahmedabad Municipal C...