C, were filed thereafter; and the prosecution has completed its arguments. Niranjan Reddy that the evidence of the defence has already been disclosed cannot, therefore, be said to be without merit. In its order dated 26. State of Bihar16; Bihar Eastern Gangetic Fishermen Coop. The function of determining whether the act of a statutory functionary falls within the legislative conferment of power is a matter for the Court. The High Court is bound to come in aid of the Supreme Court in having its order worked out.
Prakash Reddy, Learned Senior Counsel appearing on behalf of the petitioners and Sri T. A mandamus would lie to any person who is under a duty imposed by a statute or by the common law to do a particular act. In October, the first crack in the company's character occurred, when the World Bank. Along with several other accused, both the petitioners were arrested on 5. Issue-estoppel does not prevent the trial of an offence as does autre fois acquit but only precludes evidence being led to prove a fact-in-issue as regards which evidence has already been led and a specific finding recorded at an earlier criminal trial before a Court of competent jurisdiction. Please add a reason or a talk parameter to this template to explain the issue with the article.
The charges in other cases against the accused may be under the same provisions and may also be similar, but documentary or oral evidence may be different which ultimately has to be appreciated and evaluated by the court separately in each case. Even otherwise, no provision in the Cr. The roots of that principle are to be found in the well-established rule of the common law of England 'that where a person has been convicted for an offence by a court of competent jurisdiction the conviction is a bar to all further criminal proceedings for the same offence'. The accused-appellants have already undergone actual sentence of two years and eight months. Examination of prosecution witnesses was completed on 11. We are informed that charges have been framed on 25th October, 2010 and trial is scheduled to commence with effect from 2nd November, 2010. This information submitted is true and original to the best of my knowledge.
The submission of Sri T. Saya Rajput11; Council of Scientific and Industrial Research v. While the discretionary powers of the High Courts under cannot be fettered, such powers must be exercised along recognised lines, and is subject to certain self-imposed limitations. Thereafter, written defence statements were filed during the period 25. C is also complete, and the accused are also said to have filed their defence statements thereafter.
When a particular decision has become final and binding between the parties, they will always be bound by the said decision. Ps, filed by the E. Prakash Reddy, Learned Senior Counsel, fairly agreed that the fact, whether or not the petitioners had also filed their defence statements, was irrelevant as the submissions made before this Court on their behalf related only to their Counsel putting forth defence arguments which may result in the E. Broadly speaking a protection against a second or multiple punishment for the same offence includes a protection against re-prosecution after acquittal, a protection against re-prosecution after conviction and a protection against double or multiple punishment for the same offence. We have no doubt that the concerned Court would decide the bail application, if filed, expeditiously in accordance with law. To operate as a bar the second prosecution, and the consequential punishment thereunder, must be for 'the same offence'. It is not as if the Supreme Court, while passing a clarificatory order on 10.
A counter affidavit was filed thereto by one of the accused in the C. . In this view of the matter, we deem it appropriate to release the accused-appellants on bail on their furnishing personal bonds for Rs. Mandamus is a command issued to direct any person, corporation, inferior courts or Government, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. Her family and education details will be updated soon. Their grievance is that, if they are called upon to put forth their defence arguments during which they would be required to point out the pitfalls and loopholes in the prosecution's case, it would enable the E. C, were filed thereafter; and the prosecution has completed its arguments.
Check out below for Priya Vadlamani Wiki, Biography, Age, Movies, Images and more. In the present case the evidence of the prosecution is complete, and all the prosecution witnesses have already been elaborately cross-examined by the defence. On the other hand, Sri T. The very amplitude of the jurisdiction demands that it will, ordinarily, be exercised subject to certain self-imposed limitations, Thansingh Nathmal v. Supreme Court Employees Welfare Association Vs. As the counsel for the petitioners sought time to file a reply thereto, the Writ Petitions were directed to be listed on 6.
As the exercise of jurisdiction under is discretionary, it is not to be exercised merely because it is lawful to do so. Broadly speaking a protection against a second or multiple punishment for the same offence includes a protection against re-prosecution after acquittal, a protection against re-prosecution after conviction and a protection against double or multiple punishment for the same offence. I, para 122; Marwah19; ; Ferris: Extraordinary Legal Remedies, para 198; and Mani Subrat Jain v. She was born in 1993 in Mumbai, Maharashtra, India. For the next 22 years, Satyam Computer and Raju were the shining stars of the Indian information technology industry.