Criminal
CrPC S. 446 – Bail bond – Forfeiture of surety bond of Rs.2 lacs – Lenient view can be taken – Reduced to Rs. 25,000 [2023 PLRonline 0121]
PUNJAB AND HARYANA HIGH COURT Before: Jasjit Singh Bedi, J. Rajinder Singh & Another - Petitioners Versus State of Haryana...
Read moreSC/ST Act – For offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such `community’. [PLRonline #497684]
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) (Para 14): For an act to be...
Read moreIPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]
Common intention is a psychological fact and it can be formed a minute before the actual happening of the incidence...
Read moreNIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]
Liability of Joint Account Holders (Section 138 ): Petitioner and her husband were joint account holders, but the petitioner was...
Read moreCourt proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]
Unauthorized recordings of court proceedings, considering the technological advancements and information rights, while upholding the principles of judicial integrity and...
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Court proceedings – Videography – Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]
Court proceedings - Videography - Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped,...
Read moreNDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]
Despite the joint possession of a commercial quantity, the court decided to consider their bail applications separately. This was due...
Read moreIT Act S. 67(A) – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]
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Read moreCriminal Appeal – Court of Appeal should be circumspect in overturning its judgment of acquittal – Dying declaration – Examination of the person who reduced into writing, the dying declaration, is essential – Presence of a Magistrate in recording of a dying declaration, is not a necessity but only a rule of Prudence [2023 SCeJ 451 , SupremeCourtOnline 462604 ]
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Read moreCrPC S. 438 – extra-territorial anticipatory bail.
CrPC S. 438 of CrPC, 1973 - extra-territorial anticipatory bail. Case NameHigh CourtOutcome and Reasoning1. Pritam Singh v. State of...
Read moreCriminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]
However, the respondent did not provide an expert's report confirming the precise nature of the liquid - Despite sending samples...
Read moreNIA S. 143-A (2) – Interim compensation – 20% is a maximum limit provided – Court is required to give reasons as to why, in a particular case, maximum limit of interim compensation provided in the Act is being awarded – Order imposing 20% set aside. [(2023-4)212 PLR 116]
Without there being any reason to award the maximum compensation, the said order cannot be considered to be passed after...
Read moreCrPC S. 319 – Tests – Summoning of additional accused – Evidence must be of such degree which is more than disclosing prima facie case but may be less than sufficient to ensure conviction. [2014 PLRonline 0214 (SC)]
The power under Section 319 of the Code of Criminal Procedure (CrPC) can be exercised during any inquiry into or...
Read moreGeneral Clause Act S. 27 – Notice – Returned with remarks, Door lock, unclaimed etc. – If the notice is issued to the correct address of the accused and if the notice is not able to serve due to the reasons assigned in the said shara, it is deemed that the notice is served to the accused – NIA S. 138. ((2023-4)212 PLR 068, 2023 PLRonline 0120 )
(2023-4)212 PLR 068 (Kar.) (SN) HIGH COURT OF KARNATAKA AT BENGALURU Before : Justice S Rachaiah R PRAMOD S/O V...
Read moreCrPC S. 313 – Complete denial or silence, Court is entitled to draw an adverse inference – Abkari Act, Section 57(A)(1) – Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. [PLRonline #412680]
Abkari Act, Section 55 - Illegal import, sale etc. - Alcohol as mentioned in Section 55, has been defined under...
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