Criminal
CrPC S. 482 – Quashing – Broad guidelines for quashing a criminal complaint.
Broad guidelines for quashing a criminal complaint as under:- “In the backdrop of the interpretation of the various relevant provisions...
Read moreNIA S. 143(A) – Interim compensation – An accused who had failed to deposit interim compensation can not be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant.
read HERE (2022-3)207 PLR 397 (SC), 2022 SCeJ 1046 , PLRonline 403573 (2022-3)207 PLR 397 (SC), 2022 SCeJ 1046 ,...
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IPC, S.498-A – Compromise – Armyman – High Court should have accepted the settlement and quashed all proceedings with annulment of the orders. [SC]
IPC S. 498-A – Settlement between the parties, maintaining of conviction of the appellant of the offence under Section 498-A...
Read moreCrPC S. 438 – Before charge sheet was filed, were granted anticipatory bail – Does not preclude to apply for anticipatory bail again after filing of the charge sheet
Criminal Procedure Code, 1973 (2 of 1974), Section 438 – Anticipatory bail – Before the charge sheet was filed, petitioners...
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[SC] Bail – Custodial trial – Is not a relevant aspect .
S. 439 – Bail – Custodial trial - Observation that there is no need of further custodial trial is not...
Read more[SC] Bail – Chargesheet – Required to be considered by the High Court
CrPC S. 439 – Bail – Chargesheet – Required to be considered - Whatever material has been collected during the...
Read moreNIA S. 138 – Mere issuance of a cheque is not an offence
NIA S. 138 - Mere issuance of a cheque is not an offence, but it becomes punishable when the said...
Read moreNIA S. 138 – Mere issuance of a cheque is not an offence
NIA S. 138 – Pleadings – Reply - In the pleadings in the complaint relating to the legal notice served...
Read moreNIA S. 138 – Order of moratorium passed under the IB Code 2016 – Post dated cheques presented – No Liability
NIA S. 138 - Order of moratorium passed under the IB Code 2016 and Resolution professional appointed - Prior to...
Read moreNIA S. 138 – “account maintained by him” – Where an account holder is deprived of his control over the bank account from which cheque was issued – Offence not committed.
NIA S. 138 - "account maintained by him" - If an account holder is deprived off his control and authority,...
Read more![[SC] Probation of Offenders Act 1958 S. 3 , 11 – Conviction is under Section 504 IPC where the maximum sentence provided is two years – There is no previous conviction – Released instead of carrying out the sentence after due admonition – IPC S. 504. 2022 SCeJ 0383](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-7785048-350x250.jpeg)
CrPC S. 406, 407 – If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court
“7. The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. When it...
Read moreTransfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary
Constitution of India, Article 32 - Transfer of trial - Apprehension of not getting a fair and impartial enquiry/trial is...
Read moreCrPC S. 195 – Non-compliance of Section 195 Cr.P.C. is a defect which cannot be cured subsequently (Del.)
Indian Penal Code, 1860 (XV of 1860) S. 188 - Cr.P.C., 1973 (II of 1974), Section 2(d), 173(8) , 195...
Read more[SC] NIA S. 118, 139 – Security cheque – No evidence to show any loan transaction – Burden of rebutting presumption under Ss.118 and 139 stand discharged – Acquitted
Negotiable Instruments Act, 1881 (26 of 1881) S. 138, 118, 139 – Security cheque - Appeal against acquittal - Presumption...
Read moreCrPC, 1974 (2 of 1974), S.438 – Cancellation of bail – Order granting anticipatory bail has ignored material aspects, including nature and gravity of offence – Order granting bail, liable to be cancelled.
CrPC, 1974 (2 of 1974), S.438 - Cancellation of bail - Order granting anticipatory bail has ignored material aspects, including...
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