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Showing posts with label defence lawyer. Show all posts
Showing posts with label defence lawyer. Show all posts
Thursday, 25 April 2024

Bombay HC: The court should not put to accused U/S 313 of CRPC, material appearing in the cross-examination of prosecution witnesses taken by Advocate for accused

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 On going through the questions, particularly Q. No. 38 and further questions till Q. No. 45, I find that the material which has appeared du...
Sunday, 21 May 2023

Whether Suggestions Made By Defence Counsel To Witnesses In Cross-Examination If Incriminating Binds Accused?

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We are of the view from the aforesaid that the suggestions put by the defence counsel in the cross-examination of the eyewitnesses establish...
Saturday, 20 May 2023

Should the court provide copies of questions to be put to accused U/S 313 of CRPC to the public prosecutor and defence counsel and seek their assistance?

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22.  Before we part with this judgment, we must take a note of sub-section (5) added to Section  313  of  CrPC  w.e.f. 31 st  December 2009....
Sunday, 11 October 2015

What role should court should play in criminal trial?

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It is clear that even though the Court is not supposed to assume the role of a referee or an umpire and to allow the trial to develop into...
Tuesday, 14 April 2015

Duty of court when fair trial to accused is denied due to incompetency of his counsel

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During the course of hearing of the appeal, this court was shocked to note that none of the prosecution witnesses were cross examined b...
Sunday, 15 February 2015

Whether suggestion put by defence counsel to prosecution witness can be treated as admission of that fact by defence side?

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In impugned judgment in paragraph 37, Trial Court relies upon Tarun Bora v. State of Assam, (MANU/SC/0675/2002 : (2002) 7 SCC 39), to n...
Thursday, 29 May 2014

Whether accused can raise plea that trial is vitiated as they were not provided proper legal assistance?

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Arts. 21, 22(1) and 14 - Fair trial - Right to proper legal assistance - Challenge to death sentence on ground of prejudice resulting fr...