Criminal
CrPC S 451 – Supardari – Sale – Financer – Hypothecated vehicle – Permissible – Banks/ Financers application for permission to sell the tractor could not have been declined on the sole ground and that it was case property. [PLRonline #212801]
Permission to sell - To decline permission to sell on the sole ground, that the property is case property would...
Read moreBail – Condition of deposit of amount as a condition of bail – Criminal proceedings cannot be converted into recovery proceedings – Order imposing the condition, set aside. [(2023-3)211 PLR 516 (SC)]
(2023-3)211 PLR 516 (SC) SUPREME COURT OF INDIA Present : Justice Abhay S.Oka , Justice Pankaj Mithal . SHANE GEORGE...
Read moreCriminal Trial – Parameters, in which interference can be made in a judgment of acquittal – Testimony of an Approver – Corroboration – Burden of proof – Delay in reporting to police – Murder case – Common intention and Common object explained – Hostile witness . [2011 PLRonline 0204 SC]
[SC} important judgment on approver, corroboration,
Read morePrevention of Corruption Act, 1988 S. 7, 13(2) – CrPC S. 464 – Omission to frame a proper charge is not fatal unless it leads to a failure of justice – Charges must be framed meticulously by Trial Courts – For Section 7 to apply, the prosecution must prove a demand for ‘gratification’ beyond a reasonable doubt. [2023 CrLT 0054, 2023 PLRonline 0116]
Section 7 and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 & Criminal Procedure Code PC...
Read morePremature release – Past Jail Offense – Even though the petitioner had committed a jail offense more than 9 years ago and was convicted for it, the appeal against conviction is pending, and the sentence has been suspended by the Court of Additional Sessions Judge – Conviction and jail offense cannot be the reason to withhold the petitioner’s case for premature release – Punjab Pre-mature Release of Life Convicts Policy, 2011. 2023 CrLT 0001 = 2023 PLRonline 0116
2023 CrLT 0001 = 2023 PLRonline 0116 Punjab Pre-mature Release of Life Convicts Policy, 2011, and related legal provisions: Policy...
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Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387 = 2023 PLRonline 498603]
Criminal trial - Dying declaration - The case relies primarily on the dying declaration of the deceased - Conviction can...
Read moreCrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]
2019 PLRonline 3507 PUNJAB AND HARYANA HIGH COURT Before:- Arvind Singh Sangwan, J. CRM-M No. 36367 of 2016 (O&M) and...
Read moreIPC S. 498A – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]
(2023-3)211 PLR 308 , 2023 PLRonline 419673 JHARKHAND HIGH COURT AT RANCHI Before: Justice Ambuj Nath. RAM KRIPAL SINGH -...
Read moreNIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]
(2023-3)211 PLR 260 (SC) SUPREME COURT OF INDIA Before : Justice Abhay S. Oka, Justice Pankaj Mithal. JAMBOO BHANDARI -...
Read moreIPC S. 399, 402 – Dacoity – Accused of planning and gathering for a robbery, granted bail due to the similarity in circumstances with co-accused – Found with a weapon and Rs. 30,000/- Involvement in two other cases – Taking into account previous detention time and equal treatment under the law with co-accused parties, bail granted. [2023 PLRonline 0113]
Surinder Singh @ Soni v. State of Punjab, 2023 PLRonline 0113 (P&H) PUNJAB AND HARYANA HIGH COURT Before: Pankaj Jain,...
Read moreNIA S. 138 – Correction of Cheque Numbers – Wrong cheque numbers mentioned in Legal Notice and complaint – Typographical error – Application to correct the cheque numbers approved. [PLRonline ID 412670]
(2023-3)211 PLR 001 PUNJAB AND HARYANA HIGH COURT Before : Justice Arun Monga. RAMESHWAR DASS - Petitioner Versus M/s KAKRALA...
Read more[SC] NIA S. 138 – Signatures Admitted – Presumption – Ingredients – Acknowledgement – Punishment. [ID 3311204]
Rohitbhai Jivanlal Patel v. State of Gujarat 2019 PLROnline 3410 (SC), (2019) 18 SCC 106 , AIR 2019 SC 1876...
Read moreBail – Allegation that Petitioner and unknown persons involved in illegal arms supply, funding separatists for religious disturbances, influenced by Pakistani Agency ISI for creating unrest in Punjab – In Preventive Custody for over 11 months – A 23-year-old student, aspired to study in Canada who has completed a course at Food Craft Institute course, worked at Taj Hotel Resorts and Palaces – No probability of tampering with Evidence as the same is already seized – Co-accused already granted bail – Petitioner released on bail. [ID 421601]
Gurlal Singh @ Lali v. State of Punjab , 2023 PLRonline 0110 Case Overview: The petitioner seeks release as an...
Read more[SC] NIA S. 138, 141 – Dishonour of cheque – Quashing – Parameters – Notice – Reply – Not given – Admisison of facts – Director/ partner provided the Director/partner is able to adduce some unimpeachable and incontrovertible evidence beyond suspicion and doubt. [PLRonline 477602]
S.P. Mani And Mohan Dairy v. Dr. Snehalatha Elangovan, 2023 SCeJ 266 , Full Judgment with detailed headnotes...
Read moreNIA s. 141(1) – Liability of director in company – The words “was in charge of” and “was responsible to the company for the conduct of the business of the company” to be read together in view of use of the word “and” in between – Complaint quashed.
Ashok Shewakramani v. State of Andhra Pradesh, (2023-2)210 PLR 683 (SC) Full Judgment with detailed headnotes for Online Subscribers (opens...
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