Criminal
NIA S. 138 – Security cheque – Handing over of the cheques by way of security per se would not extricate the accused from the discharge of liability arising from such cheques
Negotiable Instruments Act, 1881 S. 138 – Security cheque - Handing over of the cheques by way of security per...
Read moreFurlough and parole – Grant of release on furlough is a discretionary remedy
Furlough and parole - (i) Furlough and parole envisage a short-term temporary release from custody; (ii) While parole is...
Read moreCrPC S. 227 – IPC S. 302, 120-B – Discharge – Destruction of evidence – 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...
Read moreCrPC. S. 207 – CCTV – It is the primary evidence against the petitioner – Investigating agency directed shall furnish the entire CCTV footage and its report filed before the Court to the accused before commencement of the trial.
CrPC. S. 207 – CCTV - Complete documents i.e., electronic record that is marked by the prosecution should be furnished...
Read moreCrPC 156(1), 177, 179, 2(j) – Jurisdiction to investigate – What constitutes the local jurisdiction of a court? –
Criminal Procedure Code, 1973 (II of 1974) Section 156(1), 177, 179, 2(j) - Jurisdiction to investigate - What constitutes the...
Read moreCriminal Procedure Code, 1973 (II of 1974) Section 156(1), 177, 179, 2(j) – Terms of a contract cannot confer a criminal court with jurisdiction as no contract is for the purposes of violating the law, or for the commission of offences – The criminal courts would be bound by the vesting of jurisdiction in accordance with the Criminal Procedure Code and not the Civil Procedure Code
Criminal Procedure Code, 1973 (II of 1974) Section 156(1), 177, 179, 2(j) - Terms of a contract cannot confer a...
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Negotiable Instruments Act, 1881, 1881 (26 of 1881) Section 138 – Notice issued – Amount paid within the statutory period – Very cause for initiation of the complaint does not survive – Cannot accept the plea there are other dues and the amount was liable to be adjusted against the same – Proceedings quashed.
read HERE PLRonline 429574 PLRonline 429574
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Negotiable Instruments Act, 1881, 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 ,...
Read moreCrPC S. 311 – The power of the court is not constrained by the closure of evidence, the broad powers under Section 311 are to be governed by the requirement of justice – The power must be exercised wherever the court finds that any evidence is essential for the just decision of the case
CrPC S. 311 - The power of the court is not constrained by the closure of evidence, the broad powers...
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Negotiable Instruments Act, 1881, S. 143(A) – Interim compensation – Can be recovered as if it were a fine – Failure to deposit 20% of the cheque amount as interim compensation in terms of Section 143(A) as ordered – The remedy for failure to pay interim compensation as directed by the court has been provided by the Legislature.
Negotiable Instruments Act, 1881, S. 143(A) – Interim compensation - Can be recovered as if it were a fine -...
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NIA S. 143A – Non deposit of 20% amount – Right to cross examine – Can not be taken away
Negotiable Instruments Act, 1881, S. 143(A), 145(2) – Non deposit of 20% amount - Right to cross examine - Nowhere...
Read moreCrPC S. 438(1) – Petitioner is aware of the case he is involved and apprehending his nomination – No special circumstances are made out for grant of blanket protection of seven days advance notice in case the petitioner is nominated in an FIR in future.
Read here PLRonline 439573 PLRonline 439573
Read moreIPC, S. 302, 34 – Murder – Setting aside order of acquittal – Challenge
IPC, S.302, 34 – Murder – Setting aside order of acquittal – Challenge – Very presence at 3.30 in the...
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CrPC S. 125 – Whether the Magistrate is precluded from passing multiple sentences by entertaining a consolidated application for recovery of dues beyond one month.
CrPC, S. 125 - "Whether the Magistrate is precluded from passing multiple sentences by entertaining a consolidated application for recovery...
Read moreIPC S. 34 – Creates a deeming fiction by infusing and importing a criminal act constituting an offence committed by one, into others, in pursuance to a common intention – This would require the quality of evidence to be substantial, concrete, definite and clear – What is required is a common intention – Dominant feature of Section 34 is an element of intention and participation in action
IPC S. 34 - Section 34 creates a deeming fiction by infusing and importing a criminal act constituting an offence...
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