Criminal

March 10, 2025

Probation of Offenders Act, 1958 (20 of 1958), Section 3, 4, 5 – Probation – Obligatory to grant probation to eligible first-time offenders, except in cases involving death penalty or life imprisonment . [PLRonline ID 446854]

March 8, 2025

CrPC S. 439 – Second Bail Application – There is no legal bar to filing a new bail application after a previous one has been rejected or granted and later cancelled. The right to file a fresh bail application is not contingent upon the Supreme Court’s permission, when the first Bail was allowed by the HC and set aside by the SC and had not allowed the filing of a new bail petition. 2025 PLRonline 474853 (SC)

February 24, 2025

CrPC S. 156(3), 200 – Upon a Magistrate taking cognizance of a complaint under Section 200 of the CrPC 1973, the Court is precluded from directing an investigation under Section 156(3) of CrPC. [ID 448777]

December 23, 2024

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Criminal

COI Art. 227 – Revision – Scope of interference is limited.

CrPC, 1974 (2 of 1974), S.438 – Cancellation of bail – The order granting anticipatory bail has ignored material aspects, including the nature and gravity of the offence, and the specific allegations against them – Hence, a sufficient case has been made out for cancelling the anticipatory bail granted by the High Court.

November 19, 2022

CrPC, 1974 (2 of 1974), S.438 - Cancellation of bail - Penal Code (45 of 1860), S.302, S.323, S.34 -...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

NIA S. 138 and 139 – Allegation that the partnership firm between the complainant and the accused was dissolved and amount covered under the cheque represents the share of the complainant arrived at on the settlement of accounts

October 26, 2022

NIA S. 138 and 139 – Allegation that the partnership firm between the complainant and the accused was dissolved and...

NIA S. 138, 139 and 146 – Bank memo issued by Drawee bank not bearing the seal of the bank – Complaint dismissed

October 25, 2022

NIA S. 138, 139 and 146 – Bank memo issued by Drawee bank not bearing the seal of the bank ...

NIA S. 138 – Does not speak about the joint liability

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – c - Section 138 does not speak about the...

MIA S. 141 – Relates to the offence by companies and it cannot be made applicable to the individuals.

Negotiable Instruments Act, 1881 (26 of 1881), Section 141 – Relates to the offence by companies and it cannot be...

NIA S. 138, 141 – “Other association of individuals’ – Two private individuals cannot be said to be “other association of individuals”

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – “Other association of individuals’ - Two private individuals cannot...

NIA S. 138 – A person might have been jointly liable to pay the debt, but if such a person who might have been liable to pay the debt jointly, cannot be prosecuted unless the bank account is jointly maintained and that he was a signatory to the cheque

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 –A person might have been jointly liable to pay the...

NIA S. 118- Pronote – As per Section 118 there is a presumption of consideration in the negotiable instrument [SC]

October 23, 2022

Negotiable Instruments Act, 1881 S. 118 – Pronote - As per the Section 118 there is a presumption of consideration...

Cr.P.C., S. 436A – Undergone more than half of the period of maximum imprisonment, which would be imposed upon him by way of penalty – Falls within sub-section (1) of Section 436A – Seriousness of the accusation cannot deny the benefit flowing from the said section – Applicant deserves his release on bail. [Bom.]

October 19, 2022

Cr.P.C., S. 436A - Undergone more than half of the period of maximum imprisonment, which would be imposed upon him...

CrPC S. 125 – Even if the wife is earning, the husband is legally and morally bound to maintain her

CrPC S. 173 – Bail – Cancellation of – Parity with co-accused – The length or the period of custody of any of the co-accused persons has hardly any bearing .

October 17, 2022

2022 SCeJ 1117 Supreme Court of India Before: Justice Dinesh Maheshwari, Justice Bela M. Trivedi. AMINUDDIN V. STATE OF UTTAR...

[SC] CrPC S. 125 – Husband being an able-bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child.

CrPC, Section 125 - Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...

CrPC S. 227 – IPC S. 302 – Allegation not substantiated by any material or oral/documentary evidence – Appellant discharged

Criminal Procedure Code, 1973, Section 227 - Penal Code, 1860, Sections 302, 120B - Discharge - Charge relating to conspiracy...

Senior Citizens Act – Transfer Deed stated grandson would maintain her – Cancelled – Plea that he has spent lacs of rupees on construction – Not material – Liable to face the consequences

CrPC S. 125 – Right of husband to cross-examine the witnesses of the wife was closed, as he had failed to appear before the Family Court despite the issuance of warrants, clearly established that he had no regards for his own family nor had any regards for the Court or for the law – Allegations made by the wife in her evidence before the Court had remained unchallenged and, therefore, there was no reason for the Family Court to disbelieve her version.

CrPC, Section 125 – Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...

An aurora blankets the Earth beneath a celestial night sky

CrPC S. 227 – Destruction of evidence

Criminal Procedure Code, 1973, S. 227 - Destruction of evidence - Allegation not substantiated by any material or oral/documentary evidence...

CrPC

Cr.P.C. , 1973 – S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final order in the proceeding under Section 125 Cr.P.C. does not become functus officio –

September 26, 2022