Monday, 29 September 2025

Exercise of inherent power under sec 482 Crpc or art 226

 The important judgement with regard to principles for excercising power under sec 482 Crpc or under art 226 relied in the case of state of Haryana vs Bhajanlal 1992 supp (1) SCC 335 wherein this court observed  in paragraph 102

  1)where the allegation made in the first information report or the complaint even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused 

)  where the allegations in the first information report and other materials , if any accompanying the FIR do not disclose a cognizable offence justifying an investigation by police officers under sec 156(1) of the code except under an order of a magistrate within the purview of sec 155(2) of the code 

(3) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused

4) where the allegations in the FIR do not constitute a cognizable offence but constitute a non cognizable offence  no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 156(2) of the code 

5) where the allegation made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can over reach a just conclusion that there is a sufficient ground for proceeding against the accused

(6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned Act ( under which a criminal proceeding is instituted ) to the institution and continuance of the proceedings and /or where there is a specific provision in the code or the concerned Act providing efficacious redress for the grievance of the aggrieved party 

(7) where a criminal proceeding is manifestly attended with mala  fide  and /or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge “

Wednesday, 24 September 2025

Retrial / Ground of Appeal (AI)

 R:   RETRIAL: GROUND OF APPEAL(ARTIFICIAL INT)

Conviction set aside , remanded for retrial : electronic evidence require to be proved properly 

Cr appeal number 4041/2025 Kailash v state of Maharastra dt 15/09/2025 (SC)


Monday, 22 September 2025

Artificial intelligence in judicial precedents

 Role of artificial intelligence in judicial precedents made a radical change , generally two things are faced by researcher , academician , scholar,  advocates and also peoples in judicial field ,and these two things which covers judicial precedents are interlinked with artificial intelligence . The first and foremost thing for proper adjudication for justice in pleading , weighting of evidence with the law , every judgement in judicial precedent comes from an issue which being discussed in parlance of law facts and evidence and adjudicated by judicial mind , the second thing which is useful in search of cases are proper word attracting peoples of law field , these words are very useful in artificial intelligence , this would enhance the working capacity and also shorten the period of searching in reported cases , TO have a proper single word assisting in search has a unique role in artificial intelligence .this exercise would reveal a speedy selection of proper cases , when formation of issue their and these two things would give an instant reach to advocates , jurist and judicial wing 






 in this project