Criminal
CrPC S. 379, 482 – Personal appearance – Appellate Court – Suspension of sentence – Could not insist, upon the repetitive personal appearances of the convict.
LogIn to download : PLRonline 470653 (2023-1)209 PLR 369 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Sureshwar Thakur SOHAN...
Read moreNIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .
PLRonline 482653 (LogIn to download) (2023-1)209 PLR 371 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Anoop Chitkara O.K. FINANCE...
Read moreCrPC S. 482 – Revisable order – Does not bar or prohibit jurisdiction of High Court under S. 482 when there is apparent illegality – If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall
2022 PLRonline 0496 Punjab and Haryana High Court Before Vinod S. Bhardwaj, J. ASLOOP KHAN v. STATE OF HARYANA AND...
Read moreCrPC S. 319 – Application by prosecution to summon additional accused – Petitioners had also been nominated as the accused in the said FIR though, they were found innocent – This finding is not at all to be construed to be conclusive qua their innocence – Right to fair investigation and trial is not meant to be confined to the accused person only and rather, it equally extends to the victim also.
2021 PLRonline 5202 Punjab and Haryana High Court Meenakshi Mehta J. PUNEET v. STATE OF HARYANA CRR No.2856 of 2018...
Read moreInherent powers – Trial court – Every court whether civil or criminal in the absence of any express provision to the contrary, shall be deemed to possess as inherent powers as are necessary in the course of the administration of justice
courts are having such an auxiliary power subject to restrictions which justice, equity, good conscience and legal provisions demand provided...
Read moreNIA, S. 141 – Amendment of complaint – Wrong cheque number mentioned in the complaint and affidavit
NIA, S. 138, 141 – Amendment of complaint - Wrong cheque number mentioned in the complaint and affidavit - Cheque,...
Read moreNIA S. 138, 141 – Typographical mistakes can be rectified by the trial Court, as it has inherent power to rectify the same.
NIA S. 138, 141 - Typographical mistakes should have been rectified by the trial Court, as trial Court has inherent...
Read moreCrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself
Unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, merely on the ground that she does...
Read more
CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case
hile deciding the application under section 319 Cr.P.C. the trial court has failed to appreciate the entire facts, evidence and...
Read moreNIA S. 138 – Complaint through Power of attorney – Proprietary concern.
Complant through power of attorney - During the course of cross-examination if it is established that the power of attorney...
Read moreCrPC S. 319 – Stage, Evidence , Nature of the satisfaction, qua persons not named in the FIR
CrPC S. 319 - Q.1 What is the stage at which power u/s 319 Code of Criminal Procedure can be...
Read moreCrPC S. 319 – Powers under [SC]
Criminal Procedure Code, 1973, Section 319 – Power u/s 319 Code of Criminal Procedure is a discretionary and an extra-ordinary...
Read moreIPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted.
Revisional jurisdiction - Concurrent findings of innocence of an accused could only be interfered with if there were grave factual...
Read more
Adverse inference – In case a party to a suit does not enter into the witness box, an adverse influence has to be drawn against him/her. [SC]
In case a party to a suit does not enter into the witness box, an adverse influence has to be...
Read morePublic Gambling Act 1867, S. 5 – Investigation in a non-cognizable offence at the hands of the police without permission of the competent Magistrate is impermissible
Public Gambling Act, 1867, S. 5 - Investigation in a non-cognizable offence at the hands of the police without permission...
Read more