Akshay

Derivatives trader. Sometimes, a lawyer. NFA.

[Akshay @brownmanwins]

@aakash_rewari It would be struck down by a constitutional court as ultra vires unconstitutional; violative of Article 14 of the Constitution

[Akshay @brownmanwins]

@TheSanjivKapoor Section 20 Passports Act 1967

[Akshay @brownmanwins]

@sone_do_mujhe Contemporaneous disclosure u/s 28 IEA. Prosecution will try and prove that it led to discovery of new facts.

[Akshay @brownmanwins]

@jguptallb Nishu Wadhwa vs Siddharth Wadhwa & Anr (2017). Revision is maintainable even after registration of FIR.

[Akshay @brownmanwins]

@Naveen__talks @legallyuddin Prabir Pukayastha

[Akshay @brownmanwins]

@jguptallb 1% of total suit value, i.e., 20L.

[Akshay @brownmanwins]

@jguptallb Interim relief against coercive action in a quashing petition needs to heard carefully at admission. Anticipatory bails are also clogging the courts at the trial & appellate stages. If prima facie case is there at admission stage, protection from arrest should be liberal.

[Akshay @brownmanwins]

@SethHasit Came across an interesting judgment 'Umme Farva v. State of UP & Anr'. Somewhat deprecates false complaints with necessary directions but can be circumvented by cops easily.

[Akshay @brownmanwins]

@SethHasit Police reforms and accountability are desperately needed. On criminal side, most cases are false and initiated due to ulterior motives. IOs need to be trained better. Process of cognizance u/s 190 on police report should be strict. Most cases should be thrown out at that stage.

[Akshay @brownmanwins]

@advbharatchugh But how will that help? Magistrates largely grant/accept material quite mechanically. E.g. How many magistrates actually peruse the CS filed u/s 190(1)(b) CrPC or grant bail to accused on production in frivolous cases instead of JC? All safeguards are mechanically ignored.

[Akshay @brownmanwins]

@advpankhuri Also to add that Asian Resurfacing was diluted in HC Bar Association Allahabad vs State of UP wrt vacation of stay orders. Atleast provides for more consideration wrt maintainability of petition/appl.

[Akshay @brownmanwins]

@advpankhuri Depends on facts of the case & on order framing charge if no 227/239 appl. was filed. Many precedents set for no bar to exercise powers under 482, 226 but exceptionally. Generally, 482 is maintainable but HCs are reluctant and instead order to expedite trial.