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Search Results for "When there Two Views in a Case Views Favouring the Accused Shall be Considered Whether"

Bishnu Charan Singh VS State of Orissa

2011 0 Supreme(Ori) 104 India - Orissa

S.K.MISHRA

- Whenever two views are possible the view favouring the defence should be adopted or accepted by Court as the accused is presumed ... its case and in case of any reasonable doubt, the same shall enure to the benefit of the accused. ... NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - Sec. 21 - Conviction under - Appeal - Contradiction in the two Scientific ... It casts a doubt on the prosecution case. Furthe....

K. Ramesh VS Intelligence Officer, Narcotic Control Bureau

2019 0 Supreme(Mad) 2108 India - Madras

P.N.PRAKASH

views are possible, the one the accused merits consideration relevant passage from the said judgment is as follows – Appeal dismissed ... of 5 grams each and thereafter, sealed samples and balance contraband by affixing NCB seal thereon - A spot was prepared - Three accused ... Narcotic Drugs and Psychotropic Substances Act were recorded statements were marked and respectively - Thereafter, all the three accused ... State [(2009) 10 SCC 206], the Supreme Court has held that when two views#HL_E....

Manjeet Singh VS Gurbachan Singh

2015 0 Supreme(P&H) 628 India - Punjab and Haryana

RAMESHWAR SINGH MALIK

The court emphasized the presumption of innocence and the principle that when two views are possible, the view favoring the accused ... The court emphasized that when two views are possible, the view favoring the accused should be adopted, and the presumption of innocence ... After trial, the court found that the complainant failed to prove his case and acquitted the accused. ... In a case where a....

Upendra Pradhan VS State of Orissa

India - Crimes

PINAKI CHANDRA GHOSE, R.K.AGRAWAL

(a) Criminal trial – Adjudication – Evidence and law projecting two views – The view favouring the accused should be accepted – It ... is the human right of the accused. ... ... Therefore accused Sanatan Pradhan and his family members bore ... First being, whether the presence of a view favouring the accused appellant should be considered. Second being, whether the prosecution witnesses P.W.1 a....

Upendra Pradhan VS State of Orissa

2015 0 Supreme(SC) 359 India - Supreme Court

PINAKI CHANDRA GHOSE, R.K.AGRAWAL

(a) Criminal trial – Adjudication – Evidence and law projecting two views – The view favouring the accused should be accepted – It ... is the human right of the accused. ... ... On 29.8.93 in the night the accused Rabindra, Debendra and Upendra ... First being, whether the presence of a view favouring the accused appellant should be considered. Second being, whether the prosecution witnesses P.W.....

Sajjad Alam VS State of NCT Of Delhi

2017 0 Supreme(Del) 4426 India - Delhi

VINOD GOEL

It highlighted the legal principle of proving guilt beyond reasonable doubt and the benefit of doubt favoring the accused. ... Rash Driving - Motor Vehicle Accident - Indian Penal Code, 1860, Section 279 - Summary: The court considered the appellant's claim ... Issues: The main issue was whether the respondent was driving his car on the wrong side of the road, leading to the collision ... This being said, it is up to the prosecution to prove its case beyond reasonable doubt and if after going through t....

Upendra Pradhan VS State of Orissa

India - Crimes

PINAKI CHANDRA GHOSE, R.K.AGRAWAL

(a) Criminal trial – Adjudication – Evidence and law projecting two views – The view favouring the accused should be accepted – It ... is the human right of the accused. ... ... Therefore accused Sanatan Pradhan and his family members bore ... First being, whether the presence of a view favouring the accused appellant should be considered. Second being, whether the prosecution witnesses P.W.1 a....

IndusInd Bank Limited VS Amarjeet

2015 0 Supreme(P&H) 656 India - Punjab and Haryana

RAMESHWAR SINGH MALIK

The court also cited the principle that when two views are possible, the view favoring the accused should be adopted, and emphasized ... Ratio Decidendi: The court emphasized the principle that when two views are possible, the view favoring the accused should ... Fact of the Case: The complaint under Section 138 of the Negotiable Instruments Act was filed against the accused for ... The view which favours the #H....

State Of H. P.  VS Bishamber Singh

2019 0 Supreme(HP) 256 India - Himachal Pradesh

CHANDER BHUSAN BAROWALIA

Issues: The main issue was whether the accused knowingly transported excessive wood, and if the prosecution proved the guilt ... accused, and if two reasonable conclusions are possible, the appellate court should not disturb the finding of acquittal. ... Forest Produce Transit Rules Fact of the Case: The appellant/State appealed the acquittal of the accused for offences ... State, (2008) 15 SCC 501, has held that if there are two reasonable views, ....

Madan Singh VS Harpal Singh

2015 0 Supreme(P&H) 731 India - Punjab and Haryana

RAMESHWAR SINGH MALIK

Ratio Decidendi: The court applied the principle that when two views are possible, the view favoring the accused should be ... The case involved an incident where the accused allegedly threatened and abused the complainant and others based on their caste. ... It emphasized the presumption of innocence as a human right and reiterated that the benefit of doubt should go to the accused. ... The view which favours the accused/appellant has to be #HL_STA....

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