Law & Behold

Gaurav Pathak

Presently on Hold. Law & Behold is a legal podcast presenting recent and interesting judgments from courts in India. Listen to a fascinating story of a case that has been decided by the Supreme Court of India or one of the High Courts. A primer on legal education, the podcast is presented in Hinglish, and is suited for everyone interested in learning the nuances of law. Show Notes contain case name, case number and citation. read less
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Episodes

Appearing to be Guilty
16-05-2021
Appearing to be Guilty
“The presumption of innocence is the general law of the land as every man is presumed to be innocent unless proven to be guilty. Alternatively, certain statutory presumptions in relation to certain class of offences have been raised against the accused whereby the presumption of guilt prevails till the accused discharges his burden upon an onus being cast upon him under the law to prove himself to be innocent. Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of Section 319 CrPC. It is the duty of the court to do justice by punishing the real culprit. Where the investigating agency for any reason does not array one of the real culprits as an accused, the court is not powerless in calling the said accused to face trial. The question remains under what circumstances and at what stage should the court exercise its power as contemplated in Section 319 CrPC?” Tune in as we discover how the Supreme Court answered this question with respect to Section 319 CrPC. Cause Title: Sartaj Singh v. State of Haryana & Ors. Case Number: Crl. Appeal 298-299 of 2021 Court: Supreme Court Citation: 2021 Indlaw SC 115 Link to Judgment: https://drive.google.com/file/d/10gq8ns_dJdIWO2jB1ZhUM-G1_RKf689g/view?usp=sharing Instagram: lawandbehold Link to FIR: https://drive.google.com/file/d/10gq8ns_dJdIWO2jB1ZhUM-G1_RKf689g/view?usp=sharing #Podcast #Legal #Criminal #SupremeCourt #CRPC #Haryana #Karnal #HighCourt #Chandigarh #TrialCourt #DistrictCourt #Law #Hindi #HindiPodcast #Podcaster #PodcasterIndia --- Send in a voice message: https://podcasters.spotify.com/pod/show/lawandbehold/message
Crime & Commerce Ft. Mohit Negi
21-02-2021
Crime & Commerce Ft. Mohit Negi
The transaction relating to goods took place in Gujarat, the representations and meeting took place in Gujarat, the goods were shipped from a port in Gujarat, bill of ladings were released from Gujarat, the invoices were raised by the entity based out of Gujarat and the jurisdiction of such invoices were subject to the court of Gujarat. But the FIR was registered in Delhi! As per Section 177, CrPC, an inquiry and trial with respect of an offence is to be conducted by the court within whose local jurisdiction occurrence is said to have taken place, and the cause of action has arisen. Sections 178 and 179 are merely exceptions to the principle laid down in Section 177. Their scope should not be enlarged on analogous consideration. Ordinarily, the case is to be tried by the court in whose local limits the offence was committed, which in the present case is the state of Gujarat. In addition, for determination of offences alleged to have been committed under Section 406, IPC, Section 181, CrPC lays down that the jurisdiction lies with court where the offence was committed or any part of the property which is the subject of the offence was received or retained. Join is as we discuss this and lots more with Mohit Negi. Ramesh Boghabhai Bhut v. State and Another Crl.M.C. 1616/2020 & Crl.M.A. 10307/2020 2020 SCC OnLine Del 1475 Link to Judgment: https://drive.google.com/file/d/1brwFF_SlpjMfnJZK9jnISO3i61JpT086/view?usp=sharing https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/lawandbehold/message
Najeeb: Bail under UAPA
07-02-2021
Najeeb: Bail under UAPA
Professor TJ Joseph while framing the Malayalam question paper for the second semester B.Com. examination at the Newman College, Thodupuzha, had included a question which was considered objectionable against a particular religion by certain sections of society. Prosecution alleged that Najeeb in association with other members of the Popular Front of India (PFI), decided to avenge this purported act of blasphemy. On 04.07.2010 at about 8AM, a group of people with a common object, attacked the victim-professor while he was returning home with his mother and sister after attending Sunday mass at a local Church. Over the course of the attack, members of the PFI forcefully intercepted the victim's car, restrained him and chopped-off his right palm with choppers, knives, and a small axe. Country-made bombs were also hurled at bystanders to create panic and terror in their minds and to prevent them from coming to the aid of the victim. Najeeb was arrested on 10.04.2015 and has been in jail since then. The Kerala High Court granted him bail, but the Supreme Court stayed that Order. Did Najeeb finally get bail from Supreme Court? What are the contours of bail jurisprudence in special laws such as UAPA. This and lots more in Episode 2 of Law and Behold! Union of India v. K.A. Najeeb Criminal Appeal No. 98 of 2021 2021 Indlaw SC 30 Link to Judgment: https://drive.google.com/file/d/16MLTsjbBuQ3fXacA5_tCEam-I90aQ4ho/view?usp=sharing https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/lawandbehold/message