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

NIA S. 138 – Offence under Section 138 of the Act is primarily a civil wrong.

Offence under Section 138 of the Act is primarily a civil wrong. Meters and Instruments (P) Ltd. v. Kanchan Mehta,...

NIA S. 138 – Primary object and reason of the Negotiable Instruments Act, 1881, is not merely penal in nature

Primary object and reason of the Negotiable Instruments Act, 1881, is not merely penal in nature but is to maintain...

NI S. 138 – object appears to be both punitive as also compensatory and restitutive, in regard to cheque dishonour cases

NIA S. 138 - In effect, its object appears to be both punitive as also compensatory and restitutive, in regard...

CrPC S. 320 – Compounding of offences

“78. Compounding as codified in Section 320 of the Code has a historical background. In common law compounding was considered...

NIA S. 138 – Compoundable

JIK Industries Ltd. v. Amarlal V. Jumani, (2012) 3 SCC 255, stating: “68. It is clear from a perusal of...

NIA S. 138 – Compounding

Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663 is an important judgment of three Hon’ble Judges of...

NIA S. 138 – Object of – To regulate financial promises in growing business, trade, commerce and industrial activities of the country and the strict liability to promote greater vigilance in financial matters.

Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd., (2008) 2 SCC 305,Court referred to the object of Section 138...

NIA S. 138 – Object of

Goaplast (P) Ltd. v. Chico Ursula D’Souza, (2003) 3 SCC 232, the object sought to be achieved by Section 138...

Civil and Criminal Cases

Criminal proceeding

A criminal proceeding is ordinarily one in which if carried to its conclusion it may result in the imposition of...

ejusdem generis – is a rule of construction and not a rule of law

Vikram Singh v. Union of India, (2015) 9 SCC 502, this Court was asked to construe the expression “government or...

CrPC S. 438 – Anticipatory bail – Person absconding, warrants issued.

November 6, 2021

CrPC S. 438 - Anticipatory bail - We reiterate that when a person against whom a warrant had been issued...

CrPC S. 438 – Anticipatory bail , an absconder/proclaimed offender is not entitled to relief

November 6, 2021

CrPC S. 438 - Anticipatory bail - It is clear from the above decision that if anyone is declared as...

CrPC S. 438 – Is to be exercised only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty.

November 6, 2021

CrPC S. 438 - Anticipatory bail - The above provision makes it clear that the power exercisable under Section 438 of...

Constitution of India

Cr.P.C. , S. 397 or 482 – Where stay is granted, the matter must be decided on day-to-day basis – Stay

by Punjab Law Reporter

November 3, 2021

Cr.P.C. , Section 397 or 482 - Constitution of India, Article 227 - Challenge to an order of framing of...

Order – Framing of charge – Order framing charge is not purely an interlocutory order nor a final order.

November 3, 2021