Criminal
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]
Abkari Act, Section 55 - Illegal import, sale etc. - Alcohol as mentioned in Section 55, has been defined under...
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IPC, Section 120B – Criminal conspiracy – Ingredients to constitute a criminal conspiracy
State through Superintendent of Police v. Nalini & Ors. (1999) 5 SCC 253 (3-Judge Bench). They are as follows: i....
Read moreNIA 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]
(2023-3)211 PLR 742 (SC) SUPREME COURT OF INDIA Present : Justice S. Ravindra Bhat and Justice Aravind Kumar. PAWAN BHASIN...
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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]
Uday Mohanlal Acharya v. State of Maharashtra , 2001 SupremeCourtOnline 0008 SUPREME COURT OF INDIA Before:- G.B. Pattanaik, U.C. Banerjee...
Read moreIPC 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....
Read moreCrPC, 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...
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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...
Read moreEvidence 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....
Read moreBail – 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...
Read moreBail – 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...
Read moreCrPC 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]
(2023-2)210 PLR 697 PUNJAB AND HARYANA HIGH COURT Before: Justice Pankaj Jain. GURBACHAN SINGH and Others - Petitioners Versus STATE...
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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...
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