Criminal
Voice sample – Recording of –
Constitution of India , Art. 20(3) - CrPC, Section 53 Explanation (a) - Voice sample - Recording of - Whether...
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IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor
For the period of moratorium, since no Section 138/141 proceeding can continue or be initiated against the corporate debtor because...
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Criminal trial – Discharge – Competence of the Magistrate to discharge an accused
Court while dealing with the competence of the Magistrate to discharge an accused, in a case like the instant one...
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CrPC S. 164 – A person should be produced before a Magistrate, by the police for recording his statement under Section 164 Cr.P.C.
A person should be produced before a Magistrate, by the police for recording his statement under Section 164 Cr.P.C. A...
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Criminal Complaint – Discharge – No notice to the complainant.
Discharge - Admittedly, the Magistrate has not given any notice to the complainant before dropping the proceedings and, thus, acted...
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CrPC S. 190 – Magistrate, in exercise of its power under Section 190 Cr.P.C., can refuse to take cognizance if the material on record warrants so – Must be satisfied that the complaint do not make out any offence
CrPC S. 190 - Magistrate, in exercise of its power under Section 190 Cr.P.C., can refuse to take cognizance if...
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CrPC S. 227 – Court should not pass an order of acquittal by resorting to a course of not taking cognizance, where prima facie case is made out by the Investigating Agency
CrPC S. 227 - Court should not pass an order of acquittal by resorting to a course of not taking...
Read moreCrPC S. 227 – Charge – Framing of – Not permissible for the Judicial Magistrate, to take into consideration the evidence in defence produced
CrPC S. 227 - Charge – Framing of - Not permissible for the Judicial Magistrate, to take into consideration the...
Read moreCrPC S. 207, 209 – Discharge – By magistrate , when offence is cognizable by the Sessions court
CrPC S. 207, 209 - Discharge – By magistrate , when offence is cognizable by the Sessions court - When...
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CrPC. S. 82 – Proclaimed offender – the moment a proclaimed offender is arrested or he appears at the place and time required by the Court or surrenders before the Court or authority issuing warrants or proclamation, as the case may be, the order of declaration of proclaimed offender would cease to be operative.
2012 PLRonline 0009
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Bail bond, forfeiture of – As counsel did not inform him about the date fixed – Set aside.
Criminal Procedure Code, 1973 (2 of 1974), Section 439 - Regular bail - Non-appearance of accused – Bail bond, forfeiture...
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NIA S. 138 / 141- Commission of offence by the company is an express condition precedent to attract the vicarious liability of others
Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is...
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NIA S. 138 – Proceedings under Section 138 of the Act are quasi-criminal proceedings.
“6. It is urged before us that the High Court overstepped the limits which the appellate court is bound by...
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NIA S. 138 – Compounding without consent of parties
Though compounding requires consent of both parties, even in absence of such consent, the court, in the interests of justice,...
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