Criminal
IPC S. 201, 302 – In a case of direct evidence, motive would not be relevant, in a case of circumstantial evidence, motive plays an important link to complete the chain of circumstances – Circumstances on record do not make a complete chain to dispel any hypothesis of innocence of the appellant – Acquitted
Indian Penal Code, 1860 - S.201, S.302 - Prosecution had not alleged any motive on part of the appellant to...
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Prevention of Corruption Act, 1988, S. 13(i)(d) – Alleged sale of duplicate tickets – Enquiry report not proved – Acquitted
Prevention of Corruption Act, 1988, S. 13(i)(d) and 7 – Complaint that General Manager of the Punjab Roadways Depot, in...
Read moreLookout Circular (LoC) – Banking – Mere subsistence of an allegation of default could not trigger the issuance of the LoC
Constitution of India, Art. 14, 19(1)(g) and 21 - Lookout Circular (LoC) – Banking - Mere subsistence of an allegation...
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CrPC S. 482 – Bank Loan – Default – Repossession of vehicle – Directions – Dismissed as non mainatainable
Mr. Sahil Chowdhary, for Mr. Shiv Kumar, for the petitioner. Mr. Munish Sharma, AAG, Haryana. Mr. Vijiyesh Malhotra, for Er....
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COI Art. 21 – It is the duty of the criminal court to allow the prosecution to correct an error in interest of justice.
Constitution of India, Article 21 - The right of the accused to a fair trial is constitutionally protected under Article...
Read moreCrPC S. 311 – The first part of the statutory provision is discretionary while the latter part is obligatory – Section 311 contains a power upon the Court in broad terms – The statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth
CrPC S. 311 - The first part of the statutory provision is discretionary while the latter part is obligatory -...
Read moreCrPC S. 91 , 311 – Fair trial – Relevant material – The summons to produce a document or other thing under Section 91 can be issued where the Court finds that the production of the document or thing “is necessary or desirable for the purpose of any investigation, trial or other proceeding” under the CrPC
CrPC S. 91 , 311 – Fair trial - Relevant material - Decoding registers - Order rejecting an application under...
Read moreCrPC S. 301 – Application for the summoning of witness and for production of the decoding register was submitted by the State – Bar contained in Section 301 does not stand in the way.
CrPC S. 301 - Application for the summoning of witness and for production of the decoding register was submitted by...
Read moreCrPC, S. 311 – Evidence Act, S. 165 – A criminal court cannot remain a silent spectator – It has got a participatory role to play and having been invested with enormous powers under Section 311 CrPC, as well as Section 165 of the Evidence Act
CrPC, S. 311 - Evidence Act, S. 165 - A criminal court cannot remain a silent spectator - It has...
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NIA S. 138 – Friendly Loan – Mere fact that signatures on cheque were not disputed – “debt or other liability” not proved.
NIA S. 138 - Complaint and legal notice contains no pleadings that the cheque was issued for discharge of "debt...
Read moreDying declaration – Magistrate – Credibility of a dying declaration recorded by the Magistrate
Dying declaration - Magistrate - The credibility of a dying declaration recorded by the Magistrate - It has been held...
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Dying declaration – The principles governing the circumstances where the courts can accept a dying declaration without corroboration
“16. On a review of the relevant provisions of the Evidence Act and of the decided cases in the different...
Read moreDying declaration – If a dying declaration suffers from some infirmity, it cannot be the sole basis for convicting the accused
Dying declaration - If a dying declaration suffers from some infirmity, it cannot be the sole basis for convicting the...
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Dying declaration – Court has clarified that a dying declaration can be acted upon without any other corroboration
Court has clarified that a dying declaration can be acted upon without any other corroboration and observed as below :...
Read moreCrPC S. 482 — Inherent Powers of High Court — Quashing – Where the process of the Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold
Criminal Procedure Code, 1973 — S. 482 — Inherent Powers of High Court — Quashing — IPC S. 452, 376(d)...
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