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

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

November 26, 2023

Negotiable Instruments Act

However, the respondent did not provide an expert's report confirming the precise nature of the liquid - Despite sending samples...

NIA 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]

November 26, 2023

Without there being any reason to award the maximum compensation, the said order cannot be considered to be passed after...

CrPC 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)]

November 25, 2023

The power under Section 319 of the Code of Criminal Procedure (CrPC) can be exercised during any inquiry into or...

Evidence Act

General 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 )

November 24, 2023

(2023-4)212 PLR 068 (Kar.) (SN) HIGH COURT OF KARNATAKA AT BENGALURU Before : Justice S Rachaiah R PRAMOD S/O V...

CrPC 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]

November 11, 2023

Abkari Act, Section 55 - Illegal import, sale etc. - Alcohol as mentioned in Section 55, has been defined under...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

IPC, Section 120B – Criminal conspiracy – Ingredients to constitute a criminal conspiracy

November 10, 2023

Negotiable Instruments Act

State through Superintendent of Police v. Nalini & Ors. (1999) 5 SCC 253 (3-Judge Bench). They are as follows: i....

NIA S. 143A – Interim compensation can be claimed at “any stage” of the trial , but only after plea of “not guilty” is entered. [(2023-3)211 PLR 742]

October 30, 2023

(2023-3)211 PLR 742 (SC) SUPREME COURT OF INDIA Present : Justice S. Ravindra Bhat and Justice Aravind Kumar. PAWAN BHASIN...

CrPC S. 173 – Accused abroad – Can not be declared as a PO if the Notice and NBW not served through the embassy.

Cr.P.C Section 167 (2) – Imposition of conditions – An accused must be held to be availed of his right flowing from the legislative mandate and engrafted in the proviso to sub-section (2) of Section 167 of the Code, if he has filed an application after the expiry of the stipulated period alleging that no challan has been filed and he is prepared to offer the bail that is ordered and it is found as a fact that no challan within the period prescribed from the date of the arrest of the accused. [PLRonline 219400]

October 28, 2023

Uday Mohanlal Acharya v. State of Maharashtra , 2001 SupremeCourtOnline 0008 SUPREME COURT OF INDIA Before:- G.B. Pattanaik, U.C. Banerjee...

IPC S. 302 – 302 – Murder Case – Police officer – Sole witness – Role of a police officer as a witness is nuanced and dependent on various factors, including the specifics of each case and the overall trustworthiness of the testimony – Hostile witness – Not always necessary that wherever the witness turned hostile, the prosecution case must fail – Acquittal – CrPC S. 378 -Perversity. [PLRonline 423501]

2012 SupremeCourtOnline 0112 SUPREME COURT OF INDIA Before:- A.K. Patnaik and Swatanter Kumar, JJ. Govindaraju @ Govinda v....

CrPC, 1898, S. 417 and 423 – Appeal against acquittal – Power of High Court’s to interfere is wide enough – An appellate court has full power to review the evidence upon which the order of acquittal is founded – Constitution of India, 136 – Special Leave Appeal – Confers a wide discretionary power on this Court to entertain appeals in suitable cases not otherwise provided for by the Constitution – The reserve power that it cannot be exhaustively defined. [PLRonline 812300]

1960 SupremeCourtOnline 001 SUPREME COURT OF INDIA Before:- S.J. Imam, K. Subba Rao and Raghubar Dayal, JJ. Sanwat...

CrPC S. 378 – Scope Of Interference By The Appellate Court In An Order Of Acquittal. [PLRonline]

CrPC S. 378 - Scope Of Interference By The Appellate Court In An Order Of Acquittal The scope of interference...

Evidence Act S. 32 – IPC S. 302 – Dying Declaration – Of the victim, who had 100% burn injuries, held valid and reliable – A dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable – CrpC S. 378 – Appeal against order of acquittal – High Court, as an appellate court, can reevaluate evidence independently. [PLRonline # 310901]

2016 SupremeCourtOnline 0109 . . SUPREME COURT OF INDIA Before:- Justice A.K. Sikri and Justice Amitava Roy....

Bail – Cancellation – Revocation of Bail – Impact of supervening circumstances developing post the grant of bail, such as interference in the administration of justice, abuse of concession of bail, etc., which are aversive to a fair trial would warrant cancellation of bail. [PLRonline # 5418402]

2021 Supreme Court Online 5207 SUPREME COURT OF INDIA Before:- N.V. Ramana, CJI, Justice Surya Kant and...

Bail – Cancellation – “cogent and overwhelming circumstances for cancellation of bail”. [PLRonline #118700]

1994 SupremeCourtOnline 0007 SUPREME COURT OF INDIA Before :-Justice A.S. Anand and Justice M.K. Mukherjee, JJ. Dolat Ram...

CrPC

CrPC S. 210 – FIR already registered – Private complaint – Magistrate issuing summoning order – It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation – Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]

October 22, 2023