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

Negotiable Instruments Act

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Criminal

NIA S. 138 – Object & Purpose

August 10, 2021

Object & Purpose: The object of this amendment Act is:, 1. To regulate the growing business, trade, commerce and Industrial...

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

IPC

Words – “and” is used as conjunction – The use of word “or” is clearly distinctive

Interpretation - Words - “and”, “or” - The word “and” is used as conjunction - The use of word “or”...

IPC, S. 364A – argument was raised that demand of ransom has not been established

IPC S. 364A – Not Guilty

Indian Penal Code, 1860, Section 364A - Condition No.2, second part - i.e., “or by his conduct gives rise to...

IPC, 364A – Essential ingredients

Indian Penal Code, 1860, Section 364A - Essential ingredients to convict an accused under Section 364A which are required to...

IPC S. 364A – Condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved

Indian Penal Code, 1860, Section 364A - Section 364A uses the word “or” nine times and the whole section contains...

Kidnapping – No ratio has been laid down in paragraph 92 that when an eight year old child (or a child of a tender age) is kidnapped/abducted for ransom there is inherent threat to cause death

In the case, an eight year old son of Doctor Mukesh Ramanlal Chandak (PW1) was kidnapped by the accused A1...

Section 364-A IPC has three distinct components

July 6, 2021

Court elaborately considered the scope and purport of Section 364A including the historical background. After noticing the earlier cases, this...

IPC S. 364A – Three stages in the Section

The victims were abducted from district of Lucknow, State of U.P. demands for ransom and threat was extended from another...

IPC, S. 364A – Conviction set aside

July 6, 2021

Suman Sood and her husband Daya Singh Lahoria were accused in the case of abduction. They were tried for offence...

Ingredients for obtaining a conviction for commission of an offence under Section 364-A, IPC

July 6, 2021

Anil alias Raju Namdev Patil Vs. Administration of Daman & Diu, Daman and Another, (2006) 13 SCC 36. Court noticed...

IPC

IPC, S. 364A – argument was raised that demand of ransom has not been established

A case where kidnapping of a major boy was made by the accused for ransom and before the Court argument...

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

CrPC S. 125 – Whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955, to a Hindu male having a living lawfully wedded wife, can maintain an application for maintenance under S. 125 Cr.P.C

A Hindu Woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male,...

Ad Hoc employees termination – Replacement with other Ad Hoc employees

CrPC, 482 – Dismissal of an earlier S. 482 petition does not bar filing of subsequent petition.

Criminal Procedure Code, 1973 , Section 482 - Dismissal of an earlier 482 petition does not bar filing of subsequent...

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

CrPC, S. 125, Wife entitled to maintenance even if she unilaterally granted divorce to her husband

Criminal Procedure Code, 1974, Section 125 - Courts below refused to grant maintenance in favour of the petitioner wife on...

Prisoner – Even a person under death sentence has Human Rights