-February 22, 2024
N.I Act: Director cannot be prosecuted after his resignation.
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N.I Act: Director cannot be prosecuted after his resignation.
Head notes: Factual aspects - Defamation complaint against the petitioner and the appellant seeking transfer - Appellant defamed the Gujarati people as ‘thugs’ - Petitioner withdrawn the offending statements - Respondent was not ready to quash the complaint - Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn - Case quashed.
Head note: Challenge: Trial court acquitted the appellants but Hon’ble High court reversed the acquittal and held the appellants guilty of murder hence this appeal - Analysing the judgment of the Hon’ble High Court - Issue: Whether the High Court was correct in reversing the order of acquittal - The accused are not unknown to the victims - Presumption of…
Head note: Hon’ble Supreme court - Facts: Murder for gain - Unlawful assembly not attracted - Test Identification Parade usually conducted immediately after the arrest - Vague and bald statements of the witnesses regarding the injuries caused to them - Confronting s.161 statement - Cannot connect accused with the injuries (crime) - Recovery: It is necessary to examine the person…
Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want of limitation) - Kishore vs. State - Information to the police is akin to a complaint under section 2(d) crpc - General principle of criminal law - Old code, 1898 Cr.P.C: Prosecution need not be quashed based on delay in instituting…
Head note: Apex Court - Compromise petition filed under section 320 Cr.P.C and allowed for some IPC offences but denied for section 3(1)(xi) SC/ST Act - Hon’ble High court in appeal accepted the compromise application in respect of other IPC offences but reduced the sentence of SC/ST Act - Hon’ble Supreme court finds no intention that the accused had to…
Defamation case against the owner of a daily news paper regarding an article was published against the respondent - Magistrate dismissed the complaint - No appearance for the complainant - Article was published was in good faith and in exercise of fundamental right of freedom of speech and expression.
Head note: Apex court - Dispute in the total sum of invoice prepared by the appellant (accused) was considered as foul play by the respondent.2 (complainant) - Respondent no.2 has instituted a complaint against the appellant - Magistrate after taking sworn statements issued summons to the appellant - Quash dismissed - Analysing Neeharika Infrastructure Ltd case - Analysing Deepak gaba…
Head note: Registration of fir - Factual aspects - Case of prosecution - Physical relationship promising marriage and pregnancy - Case of the appellant: Appellant and respondent got married - Consideration of submissions - Compromise failed though deposit of rs. 10 lakh rupees made by appellant - Proposition of law on physical relationship based on misconception: Consent of women based…
Challenge - FIR registered against unknown persons - Case of the prosecution and conclusion of trial court and appellate court - Case rests in circumstantial evidence - Guiding principles: ‘Must be proved’ and not ‘May be proved’ - Guiding principles: Suspicion cannot take place of proof - Recovery of articles at the instances of accused and his absence of giving…
Section 27: Recovery not admissible: Recovery is from open space after one month no independent witnesses examined though available Challenge - Case and trial – Apex court’s view - Case is not based on circumstantial evidence but eye-witnesses not supported the prosecution - Analysis of recovery - Place of pistol found not proved as per the deposition of witness -…
Challenge & Prayer – Facts - Appellant is a mentally deranged person affected with paranoid schizophrenia and set the deceased on fire - Death of deceased at hospital - Trial & conviction - Evidence substantiates the appellant was affected with paranoid schizophrenia - Analysis of Hon’ble Madras High court - Offence proved so also the mental disorder of the accused…
Head note: In the instant case, admittedly the petitioner had only repaid a part of the amount and the balance is yet to be repaid by the petitioner. This act on the part of the petitioner, at the best, can only constitute a breach of contract and it will not constitute an offence of cheating.
Prayer - Present challenge - Main ground - Deposit of 20% is not an absolute rule – Conclusion - Hon’ble High Court’s direction to the District Judiciary.
Head note: Challenge - Issue of juvenility raised before the Hon’ble Supreme court - Report of Additional Sessions judge confirmed juvenility - As per the Juvenile Justice Act, 1986 maximum action was to send her to a special home - Incarceration of eight years set aside.
Head note: Magistrate is not compelled to take cognizance on supplementary final report in the absence of any new evidence found to substantiate the conclusion of I.O - Challenge – Facts - First Information Report - Case filed against the appellant - Quash dismissed - Issues for consideration – Analysis - The offence of cheating under Section 420 IPC -…
Head note: Apex Court - Present appeal has been preferred by the accused against the order of High court setting aside the order of the Sessions court discharging the accused under section 227 crpc. Initially FIR was registered against the accused and after the investigation a drop report (final report) was filed. Based on negative report the respondent’s father instead…
Head note: No prima facie for cheating found and differentiated mere breach of contract and cheating - Further Anticipator Bail granted.
Head note: Challenge – Facts - The appellant and complainant were in relationship against their parents wish - Father of the girl filed Habeas Corpus writ petition - Hon’ble High court’s order based on its interaction with the girl - After a considerable time complainant (girl) separated from appellant and register the FIR against him – Analysis - Complainant (girl)…
Prayer - Facts - Petitioner’s mobile phone contains two files contain child videography content where two teen boys involved in sexual activity with an adult woman - Direct enquiry of Hon’ble High Judge with the petitioner - Admission of petitioner about his habit of watching porn - Verifying Case diary - Section 14(1) POCSO analysis - Section 67-B of Information…
GROUND ON WRIT PETITION 1. The petitioner, currently serving a sentence of life imprisonment for commission of offences punishable…
This Criminal Original Petition has been filed to call for the records relating to summon dated 23.11.2022, C.No.P1/E3424913- 1903/chiefoffice/2022…
Prayer Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records…
The phraseology of Sections 299 and 300 respectively of the IPC leaves no manner of doubt that under these…
POWER TO DIRECT REGISTRATION OF FIR: 17. In our opinion Section 156(3) CrPC is wide enough to include all…
HOW TO APPRECIATE PHOTOGRAPH? 26. On the whole, we think that if the court is satisfied that there is…
FACTS 2. Under Section 272 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’), the State Government has…
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