Criminal
[SC] CrPC S. 360 – Probation – accused engaged in an objectionable act by entering the chamber of the Commissioner in the Directorate while the Commissioner was performing his official duties as a public servant – Appellant also verbally abused the Commissioner using offensive language – Leniency can not be shown. [2023 SCeJ 0234 = (2023-2)210 PLR 582 (SC)]
(2023-2)210 PLR 582 (SC) SUPREME COURT OF INDIA Present: Justice Abhay S. Oka and Justice Sanjay Karol. RAZIA KHAN...
Read moreBail – 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. [PLRonline ID # 455681]
(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....
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