Criminal
[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406...
Read moreCrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]
High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of...
Read moreCrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]
CrPC S. 482 - Sarfaesi - Discretion has been conferred on the High Court to pass the interim orders in...
Read moreCONTEMPT | Court deems it fit and appropriate to issue a show cause notice upon the Presiding Officer, DRT-2, Chandigarh, for the latter making an explanation to this Court as to why proceedings for contempt be not initiated against him for his making the above miscommunication, which but is prima facie completely ridden with lies. [PLRonline.in]
It is evident that CCTV cameras are installed within the Court room of the Presiding Officer, DRT-2, Chandigarh, therefore the...
Read moreNegotiable Instruments Act, 1881 – S. 138 – Loan agreement executed at Hyderabad – Cheque was issued at Hyderabad – Respondent/Complainant Financial institutions have their offices at Hyderabad – Entire cause of action for filing the present complaints under S. 138 has accrued at Hyderabad – Yet the complaint has been submitted before the Court at Calcutta, Jaipur and Gurugram only to harass the petitioners – Stay of further proceedings. [#PLRonline]
SUPREME COURT OF INDIA VENAGRO & ORS. - Petitioner(s) Versus INCRED FINANCIAL SERVICES LTD (ERSTRWHILE KNOWN AS VISU LEASING FINANCE...
Read moreGuidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300
In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh (SC) :...
Read moreNIA S. 118(a) – When the pronote and receipt have been proved – Plaintiff is not further required to prove his capacity to make the said payment. (ID# 214001)
Negotiable Instruments Act, Section 118(a) – Plaintiff has proved that the pronote and receipt were duly executed in accordance with...
Read more[SC] Bail – Suspension – No rule which requires an accused to undergo sentence for a particular period before considering prayer for suspension – Court ought to have favorably considered the prayer when there were no antecedents and more than 40 % of the sentence has been undergone. [PLRonline #426780]
There is no hard and fast rule which requires an accused to undergo sentence for a particular period before his...
Read morePrevention 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] IPC S. 306 – Mens Rea – Act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide – Instigation must be in close proximity . [PLRonline 478683]
IPC SECTIONS 107 AND 306 - ABETMENT TO COMMIT SUICIDE Instigation must be direct, intentional, and proximal to the act...
Read moreIPC S. 306 – There has to be a clear mens rea to commit the offence.
The court opined that there should be intention to provoke, incite or encourage the doing of an act by the...
Read more[SC] IPC S. 302 – Acquittal – Possible views – Both versions as taken by the trial court and by the High Court appear to be the possible views – Circumstantial evidence – View taken by the High Court in extending the benefit of doubt to the accused persons appears to be the most plausible view . [2023 SCeJ 575]
ACQUITTAL -SECTION 302 OF IPC 1. Role and Credibility of the Sole Eyewitness (Complainant/Father): - The complainant, who is the...
Read moreNDPS S. 50 – Non compliance – Absence of the word “Magistrate” in the notice provided to the accused. [PLRonline 414666]
Option which was required to be given to the accused, as per Section 50 of the NDPS Act, was that...
Read moreBail – Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end. [PLRonline]
AMERICAN JURISPRUDENCE (2d, Volume 8, p. 806, para 39), it is stated: “Where the granting of bail lies within the...
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