Criminal
[SC] Bail – Issue of bail is one of liberty, justice, public safety and burden of the public treasury. [PLRonline]
“... the issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of...
Read more[SC] Bail – Surety – Multiple FIRs – Single Bond to be executed for the FIRs. [ 2018 PLRonline 1304]
Bail order imposed onerous condition of producing indvidual sureties, one in each of the over 30 cases - Modified to...
Read moreCrPC S. 82, 83, and 174 – Action Against Witnesses who do not appear inspite of notices – Proceedings can be taken to declare them as Proclaimed offender – Directions issued by P&H High Court in 2022 PLRonline 0597 to all D&S Judges/ DGP, set aside. [ (2023-4) PLR 291 (SC)]
State of Haryana v. Darshan Singh | (2023-4)212 PLR 291 (SC) setting aside directions in 2022 PLRonline 0597 CrPC S....
Read moreCrPC S. 82, 83, 174 – Witness – Whether action can be taken against him under section 82 or deals only with accused persons. [2022 PLRonline 0597]
Criminal Procedure Code, 1973, Section 82, 83, 174 - Witness - Whether action can be taken against him under section...
Read moreIPC Section 34, 302 – Common intention can be formed right before or during the incident – Withholding eye-witnesses does not automatically lead to adverse inference against the prosecution. (2023-4)212 PLR 282 (SC)
IPC Section 34, 302 Vicarious Liability under Section 34 (Para 7): The court clarified that Section 34 of the IPC,...
Read moreCrPC 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...
Read more
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]
You are on the the PLRonline.in Lite version. Full Judgment with detailed headnotes for Premium Subscribers only . Subscribe today
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 ]
You are on the the PLRonline.in Lite version. Full Judgment with detailed headnotes for Premium Subscribers only . Subscribe today 2023...
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 more
