Criminal
Premature 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...
Read more[SC] CrPC S. 482 – Quashing – Duties of court – In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. [(2023-2)210 PLR 631 (SC)]
Mahmood Ali v. State of UP, (2023-2)210 PLR 631 (SC) When an accused invokes the inherent powers under section 482...
Read moreCrPC S. 482 – Quashing – Types of materials the High Court can assess to quash an FIR – Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence – Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. 2004 SupremeCourtOnline 0101 (SC)
State of Andhra Pradesh v. Goloconda Linga Swamy, (2004) 6 SCC 522. SUPREME COURT OF INDIA Before:- S.N. Variava and...
Read moreCrPC S. 82(1) – Clear 30 days – If a person is declared a proclaimed offender on account of their non-appearance before the court on a subsequent date, whereas for the said subsequent date, there was no proclamation under Section 82(1) of the CrPC ordered or effected, it is liable to be set aside. (2023-2)210 PLR 631
Section 82(1) of the Criminal Procedure Code (CrPC) provides the procedure for the appearance of an individual before the court...
Read more[SC] IPC S. 302 – Stick as a weapon – Persistent quarrels – Conviction under S. 302 IPC needs to be altered into Part-I of Section 304 IPC,
2023 SCeJ 0238 = PLRonline 449602 SUPREME COURT OF INDIA Before:- B.R. Gavai and J.B. Pardiwala, JJ. Nirmala Devi -...
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