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

CPA – Subsequent purchaser – Builder – Non delivery of flat – Is a consumer

FIR – Registration – Police officer could take further steps contemplated in Chapter XII of the Code only thereafter.

Registration of an FIR involves only the process of entering the substance of the information relating to the commission of...

CrPC S. 156(3) – For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.

The clear position therefore is that any judicial Magistrate, before taking cognizance of the offence, can order investigation u/s 156(3)...

CrPC S. 156(3) – Does not affect the power of the investigating officer to further investigate the case even after submission of his report

The power in the Magistrate to order further investigation u/s 156(3) is an independent power, and does not affect the...

IPC, S. 84 – Where Exception under Sec.84 is claimed

CrPC S. 156(3) – Power to monitor police investigation

Criminal Procedure Code, 1973 (CrPC) - Section 156(3) - Section 156(3) provides for a check by the Magistrate on the...

CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate

17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary...

Judicial restraint – Practice of summoning officers , deprecated

Multiple dying declarations

Smt. Kamla v. State of Punjab (1993) 1 SCC 1, Court held as follows: “A dying declaration should satisfy all...

Principles governing dying declaration

July 25, 2021

Principles governing dying declaration, which could be summed up as under as indicated in Smt. Paniben v. State of Gujarat (AIR 1992...

Dying declaration – Though a dying declaration is entitled to great weight, it is worthwhile to note that the accused has no power of cross-examination.

July 25, 2021

Criminal trial - Dying declaration - Though a dying declaration is entitled to great weight, it is worthwhile to note...

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

NIA S. 87 – Promissory note – Stamp is not cancelled at the time when it is affixed

July 13, 2021

If the stamp is not cancelled at the time when it is affixed, the instrument will be deemed to be...

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

NIA S. 87 – Subsequent affixture of a revenue stamp on a promissory note is a material alteration

July 13, 2021

Subsequent affixture of a revenue stamp on a promissory note is a material alteration within the meaning of Sec. 87...

NIA S. 138 – Compounding without consent of party

August 10, 2021

Though compounding requires consent of both parties, even in absence of such consent, the Court, in the interests of justice,...

NIA S. 138 – Procedure for speedy disposal of complaints

August 10, 2021

"18. From the above discussion following aspects emerge:i) Offence under Section 138 of the Act is primarily a civil wrong....

NIA S. 138 – Draft summons

August 10, 2021

"18. From the above discussion following aspects emerge: i) Offence under Section 138 of the Act is primarily a civil...

Ad Hoc employees termination – Replacement with other Ad Hoc employees

NIA S. 143A – Offence completed after amendment

July 12, 2021

In the present case the cheque was dishonoured vide memo dated 09.08.2018 on which the respondent tcomplainant served legal notice...

NIA S. 143A – Court trying an offence under section 138 shall suomotu exercise the power. There is no need for an application to be filed by the complainant in that regard.

July 12, 2021