Showing posts with label procedural irregularities. Show all posts
Showing posts with label procedural irregularities. Show all posts

Sunday, 3 August 2025

What legal principles the session judge should follow while deciding criminal appeal?

Introduction

The appellate process in criminal cases is a vital mechanism to ensure justice, safeguard rights, and maintain legal integrity in India. Under the Code of Criminal Procedure, 1973 (CrPC), accused persons have the opportunity to challenge lower court judgments through appeals. However, not every grievance qualifies for appellate intervention. Indian criminal law outlines specific grounds for appeal supported by constitutional guarantees of due process and demands reasoned judgments from appellate courts. This article explores these principles in detail to help legal practitioners, law students, and justice seekers understand the appellate framework.

Grounds for Criminal Appeal in Indian Law

When a criminal appeal is filed, it must be grounded in identifiable and legally recognized errors or issues in the trial court’s decision. The key grounds commonly invoked include:

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Sunday, 30 March 2025

Bombay HC: Whether the court can decree suit for Specific performance of contract even if there are procedural irregularities regarding admissibility of documents

  • The Bombay High Court upheld a decree for specific performance despite procedural irregularities in evidence admission at the trial court level. The court concluded that even if certain documents were excluded, sufficient evidence supported granting specific performance based on the agreement's existence and fulfillment of obligations by the plaintiff.

 IN THE HIGH COURT OF BOMBAY

First Appeal No. 1841 of 2024

Decided On: 21.02.2025

Yasin Khan and Ors. Vs. Ajit Developers Pvt. Ltd. and Ors.

Hon'ble Judges/Coram:

Sharmila U. Deshmukh, J.

Citation: MANU/MH/1001/2025,2025:BHC-AS:8423

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