Criminal
NIA 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....
Read moreCriminal Trial – Circumstantial evidence – Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict. [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]
Dakkata Balaram Reddy v. State of Andhra Pradesh., 2023 SCeJ 0226 = 2023 PLRonline 437602 (SC) Supreme Court of India...
Read moreIPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]
PANCHRAM v. THE STATE OF CHHATTISGARH , 2023 PLRonline 0100 IPC, S. 326, 307, 341, 506 – Grievous hurt -...
Read moreIPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]
Surendra Singh v. State of Rajasthan & Anr., 2023 PLRonline 0009 LogIn to read Full text (click on the menu)...
Read moreAcquittal in Robbery Case: Doubtful Recovery of Pistol and Discrepancies in FIR [2023 SCeJ 0203]
Case of robbery and acquittal under sections 394 and 397 of the IPC and section 25 of the Arms Act....
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NDPS S. 50, 52, 57 – S. 50 applies only when there is a search of a person -Finding the source of Narcotic Drug is of no consequence in a trial. [2023 PLRonline 0007 AP]
2023 PLRonline 0007 Narcotic Drugs and Psychotropic Substances Act, 1985 and its implications on search and seizure procedures. 1. Section...
Read moreCrPC S. 482 – Summoning of the accused of such serious offence cannot be a mechanical exercise in the facts and circumstances of the case. [PLRonline 302000 SC]
LogIn to download judgment and Full headnote / PLRonline 30200 (SC) The High Court has the power to quash criminal...
Read moreCrPC S. 125 – Maintenance – Overlapping jurisdiction – Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount
Special Marriage Act, 1954 (43 of 1954) Section 36, 37 – Hindu Marriage Act, 1955 (25 of 1955) Section 24,...
Read more“Importance of Corroboration in Criminal Trials: Extra-Judicial Confession as a Weak Piece of Evidence”
Admissibility of extra-judicial confessions in criminal trials in India. Read on to understand the circumstances in which it can be...
Read moreCrPC S. 125 – Husband a doctor – Is morally, ethically and statutorily duty bound to maintain his wife and daughter – Status of the wife and her financial status required to be looked into by the court. (2023-1)209 PLR 448
LogIn to read and download judgment (2023-1)209 PLR 448 PUNJAB AND HARYANA HIGH COURT Before: Jagmohan Bansal, J. AMIT MANCHANDA...
Read moreCriminal trial – Acquittal order – Scope of interference in an appeal against acquittal – Suspicion. 2023 SCeJ 0055, 2023 PLRonline 466600
NIKHIL CHANDRA MONDAL Vs. STATE OF WEST BENGAL, 2023 SCeJ 0055, 2023 PLRonline 466600, (2023-1)209 PLR 438 (SC) (SN) SUPREME...
Read moreCriminal Trial – Extra-judicial confession is a weak piece of evidence – Where an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance. 2012 PLRonline 0008
2012 PLRonline 0108 SUPREME COURT OF INDIA A.K. Patnaik , Swatanter Kumar, JJ. Sahadevan v. State Of Tamil Nadu Criminal...
Read moreCriminal Trial – Conviction – Circumstantial evidence – Circumstances from which the conclusion of guilt is to be drawn should be fully established – 1984 PLRonline 0002
1984 PLRonline 0002 SUPREME COURT OF INDIA BENCH: FAZALALI, SYED MURTAZA VARADARAJAN, A. (J) MUKHARJI, SABYASACHI (J) Sharad Birdhichand Sarda...
Read moreCrPC, S. 313(1)(b) – Any failure to consider the accused’s explanation of incriminating circumstances, in a given case, may vitiate the trial and/or endanger the conviction. (2023-1)209 PLR 430, 2023 SCeJ 0037
2023 SCeJ 0037, (2023-1)209 PLR 430, 2023 PLRonline 441654 SUPREME COURT OF INDIA Ravindra Bhat,J. Dipankar Datta, J. S. Premchand...
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CrPC S. 125 – Whether a Court, which passed an order of maintenance under S. 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order?
(2023-1)209 PLRIJ 043 (Ker.) KERALA HIGH COURT Before: Mr. Justice A. Badharudeen, J ASWATHI – Appellant, Versus RAJEESH RAMAN –...
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