Criminal
CrPC 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...
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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 moreCriminal Trial – Framing of Charge – Mere mentioning that the charge sheet as also the documents have been gone through, would not suffice.
Criminal Trial – Framing of Charge - By mere mentioning that the charge sheet as also the documents have been...
Read moreIPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate
Section 195 Cr.PC. opens up with the word “No Court” and thus, imposes an express bar for any Court to...
Read moreMultiple dying declarations
“30. A survey of the decisions would show that the principles can be culled out as follows:a. Conviction of a...
Read moreUnlawful Activities (Prevention) Act, 1967 – S.45-D(5) – CrPC S. 438 – Bail – Medical grounds .
2022 SCeJ 1333 LogIn / Subscribe to read Full Notes and Judgment
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Bail – Safeguard against S. 43-D(5) of the UAPA being used as the sole metric for denial of bail or for wholesale breach of constitutional right to speedy trial.
“17. It is thus clear to us that the presence of statutory restrictions like Section 43-D(5) of the UAPA per...
Read moreNIA S. 138, 139 – Sign not denied – Once it is presumed that the cheque is issued towards debt or other liability, is in favour of the Complainant, then it is for the accused to prove the contrary – Acquittal set aside.
Negotiable Instruments Act, 1881, S. 138, 139 – Complaint did not specifically state the nature of transactions and the source...
Read moreCrPC S. 439, S. 403 – Revision against illegal order of discharge – High Court has the power to interfere
CrPC , 1898), S.439, S.403 - Revision against illegal order of discharge – High Court has the power to interfere...
Read moreCrPC S. 253, S. 254, S. 258 – Warrant case – ‘discharge’ or ‘acquittal’ – Once a charge is framed, the Magistrate has no power to cancel the charge [SC]
CrPC S. 253, S. 254, S. 258 - Warrant case instituted on complaint - 'discharge' or 'acquittal' - Procedure...
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CrPC S. 227, 300(1) – Discharge u/s 227 is a stage prior to framing of the charge u/s 228 – At that stage alone court can consider application under S. 300. [SC]
CrPC S. 227, 300(1) – Discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge under...
Read moreCrPC S. 482 – Quashing – Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings.
Court can exercise its powers to quash a criminal complaint, provided that the evidence adduced is clearly inconsistent with the...
Read moreCrPC S. 82 – Quashing – What evidence and material the High Court can get into in cases where a prayer for quashing a complaint
Court elaborated on what evidence and material the High Court can get into in cases where a prayer for quashing...
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