Criminal
Bail – Granted – Admissibility of Panchanama under Section 27 requires further examination during trial. 2023 PLRonline 0107 (Bom.)
Bail - Charge-sheet reveals that no DNA sample was collected from Class-I heirs of the deceased - The body parts were...
Read moreCrPC S. 125 – Reasons for the petitioners not to be living along with the respondent cannot be adjudicated, in the proceedings u/s 125CrPC S. 125. [(2023-3)211 PLR 144]
(2023-3)211 PLR 144 (Kar.) = 2023 PLRonline 455681 HIGH COURT OF KARNATAKA (DHARWAD BENCH) Before: Justice C.M. Poonacha SMT. RENUKA...
Read moreNIA S. 138 – Complaint filed against a partner without arraying the firm as an accused would not sustain.
Negotiable Instruments Act, 1881 S. 138 - Complaint filed against a partner without arraying the firm as an accused would...
Read more[SC] NIA S. 138 – The accused can rely on their evidence or materials submitted by the complainant to rebut the presumption – Proof of financial capacity – Contradictions in the complainant’s statements can lead to the case being quashed.
Section 139 of the Negotiable Instruments Act presumes that if the execution of a cheque is admitted, it was issued...
Read moreNIA S. 138 requires notice and application for delay condonation if a complaint is late. Failure caused erroneous acquittal, leading to a retrial.
Negotiable Instruments Act, 1881 S. 138 - Delay in filing complaint - if the original complaint is filed after the...
Read moreCrPC S. 82, 83 – Issuing a proclamation under Section 82 doesn’t amount to any attachment unless the Magistrate specifically issues an order of attachment. [210 PLRIJ 043]
The Criminal Procedure Code, 1974, outlines two separate orders under Sections 82 and 83. Section 82 requires the court to...
Read moreCrPC S. 82, 83 – No proclamation u/s 82 – Attachment U/s 83 is illegal. [PLRonline ID 5415402]
Sri. Nithya Shambhavananda @ R. Narayanan v. State of Karnataka, 2021 PLRonline 5204 (Kar.) 2021 PLRonline 5204 (Kar.) HIGH COURT...
Read moreCrPC S. 82, 83 – Process under Sections 82 and 83 cannot be issued unless it is established that a warrant has already been issued against the person wanted and that person is absconding
Section 82 of the Code of Criminal Procedure (CrPC) empowers the court to issue a proclamation against a person when...
Read moreCrPC S. 82, 83 – Mere return of warrant of arrest without execution would not authorise the Magistrate to issue an order for proclamation and attachment. [PLRonline ID 213102]
Md. Nazrul Islam v. State Of Assam, 2008 PLRonline 0202 (Gau.) Full Judgment with detailed headnotes for Online Subscribers (Click to...
Read moreFIR – If the core features of an offence are not stated, would not be a first information report relating to commission of a cognizable offence, as contemplated under S. 154 and that would mean that no investigation can be initiated by the police upon such an information.
IPC, S. 383 - Not only putting a person under fear of any injury and dishonestly inducing the person so...
Read moreCrPC S. 156(3) – Evidence Act, S. 65B – CD placed without certificate before the trial court – Admissibility – Admissibility of the CD would come only during the trial and not before it is tendered into evidence (2023-2)210 PLRIJ 004
Sudhir v. State of Maharashtra, (2023-2)210 PLRIJ 004 (Bom.) The case involves a CD that was placed before the trial...
Read moreSuperdari – No provision under the NDPS Act debarring the release of the vehicle from interim custody – Section 451 Cr.P.C. is applicable to the vehicle seized under the NDPS Act. [ID 317901]
Full Judgment for Online Subscribers (Click to subscribe) 2016 PLRonline 0106 Punjab and Haryana High Court M. Jeyapaul J. Sneh...
Read moreBail – Conditions – Condition of pre-deposit – Held to be bad. (2023-2)210 PLR 309 (SC)
Makhijani Pushpak Harish v. The State of Gujarat, (2023-2)210 PLR 309 (SC) SUPREME COURT OF INDIA Prsent : Justice Krishna...
Read more“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]
LogIn to read Full Text 2011 PLRonline 0205 PUNJAB AND HARYANA HIGH COURT Rakesh Kumar Jain, J. Rahul Dutta v....
Read moreNIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]
2014 PLRonline 0208 (SC) SUPREME COURT OF INDIA ( Before : Ranjana Prakash Desai J; N.V. Ramana J ) H....
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