CrPC
Prevention of Money Laundering Act S. 19 – Duty of court – ED’s role and functioning – recording the second ECIR immediately after they secured interim protection in relation to the first ECIR, does not commend acceptance as it reeks of arbitrary exercise of power – Arrest cannot be sustained – Constitutional and statutory mandate of informing the arrested person of the grounds of arrest. 2023 SCeJ 639 = PLRonline 446685 (SC) = (2023-4)212 PLR 535 (SC)
Pankaj Bansal v. Union of India 2023 SCeJ 639 , PLRonline 446685 (SC) , (2023-4)212 PLR 535 (SC) SUPREME COURT...
Read more[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]
Custodial interrogation is not for the purpose of `confession' as the right against self-incrimination is provided by Article 20(3) of...
Read more[SC] Bail – Surety – Multiple FIRs – Single Bond to be executed for the FIRs. [ 2018 PLRonline 1304]
Bail order imposed onerous condition of producing indvidual sureties, one in each of the over 30 cases - Modified to...
Read moreCrPC S. 82, 83, and 174 – Action Against Witnesses who do not appear inspite of notices – Proceedings can be taken to declare them as Proclaimed offender – Directions issued by P&H High Court in 2022 PLRonline 0597 to all D&S Judges/ DGP, set aside. [ (2023-4) PLR 291 (SC)]
State of Haryana v. Darshan Singh | (2023-4)212 PLR 291 (SC) setting aside directions in 2022 PLRonline 0597 CrPC S....
Read moreCrPC S. 82, 83, 174 – Witness – Whether action can be taken against him under section 82 or deals only with accused persons. [2022 PLRonline 0597]
Criminal Procedure Code, 1973, Section 82, 83, 174 - Witness - Whether action can be taken against him under section...
Read moreCrPC S. 446 – Bail bond – Forfeiture of surety bond of Rs.2 lacs – Lenient view can be taken – Reduced to Rs. 25,000 [2023 PLRonline 0121]
PUNJAB AND HARYANA HIGH COURT Before: Jasjit Singh Bedi, J. Rajinder Singh & Another - Petitioners Versus State of Haryana...
Read moreCrPC S. 438 – extra-territorial anticipatory bail.
CrPC S. 438 of CrPC, 1973 - extra-territorial anticipatory bail. Case NameHigh CourtOutcome and Reasoning1. Pritam Singh v. State of...
Read moreCriminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]
However, the respondent did not provide an expert's report confirming the precise nature of the liquid - Despite sending samples...
Read moreCrPC S. 319 – Tests – Summoning of additional accused – Evidence must be of such degree which is more than disclosing prima facie case but may be less than sufficient to ensure conviction. [2014 PLRonline 0214 (SC)]
The power under Section 319 of the Code of Criminal Procedure (CrPC) can be exercised during any inquiry into or...
Read moreCrPC S. 313 – Complete denial or silence, Court is entitled to draw an adverse inference – Abkari Act, Section 57(A)(1) – Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. [PLRonline #412680]
Abkari Act, Section 55 - Illegal import, sale etc. - Alcohol as mentioned in Section 55, has been defined under...
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Cr.P.C Section 167 (2) – Imposition of conditions – An accused must be held to be availed of his right flowing from the legislative mandate and engrafted in the proviso to sub-section (2) of Section 167 of the Code, if he has filed an application after the expiry of the stipulated period alleging that no challan has been filed and he is prepared to offer the bail that is ordered and it is found as a fact that no challan within the period prescribed from the date of the arrest of the accused. [PLRonline 219400]
Uday Mohanlal Acharya v. State of Maharashtra , 2001 SupremeCourtOnline 0008 SUPREME COURT OF INDIA Before:- G.B. Pattanaik, U.C. Banerjee...
Read moreIPC S. 302 – 302 – Murder Case – Police officer – Sole witness – Role of a police officer as a witness is nuanced and dependent on various factors, including the specifics of each case and the overall trustworthiness of the testimony – Hostile witness – Not always necessary that wherever the witness turned hostile, the prosecution case must fail – Acquittal – CrPC S. 378 -Perversity. [PLRonline 423501]
2012 SupremeCourtOnline 0112 SUPREME COURT OF INDIA Before:- A.K. Patnaik and Swatanter Kumar, JJ. Govindaraju @ Govinda v....
Read moreCrPC, 1898, S. 417 and 423 – Appeal against acquittal – Power of High Court’s to interfere is wide enough – An appellate court has full power to review the evidence upon which the order of acquittal is founded – Constitution of India, 136 – Special Leave Appeal – Confers a wide discretionary power on this Court to entertain appeals in suitable cases not otherwise provided for by the Constitution – The reserve power that it cannot be exhaustively defined. [PLRonline 812300]
1960 SupremeCourtOnline 001 SUPREME COURT OF INDIA Before:- S.J. Imam, K. Subba Rao and Raghubar Dayal, JJ. Sanwat...
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CrPC S. 378 – Scope Of Interference By The Appellate Court In An Order Of Acquittal. [PLRonline]
CrPC S. 378 - Scope Of Interference By The Appellate Court In An Order Of Acquittal The scope of interference...
Read moreBail – Cancellation – Revocation of Bail – Impact of supervening circumstances developing post the grant of bail, such as interference in the administration of justice, abuse of concession of bail, etc., which are aversive to a fair trial would warrant cancellation of bail. [PLRonline # 5418402]
2021 Supreme Court Online 5207 SUPREME COURT OF INDIA Before:- N.V. Ramana, CJI, Justice Surya Kant and...
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