Criminal Trial – Test Identification Parade – In the absence of proper identification parade being conducted, the identification for the first time in the Court cannot be said to be free from doubt [Concurrent Conviction for the offence punishable under Section 397 read with Section 395 IPC set aside] (Para 7)
Customs Act, 1962; Section 129A – There is no prescribed period of limitation for passing an order in exercise of the power under sub-section (2) of Section 129A -Even if the law does not provide for a specific period for taking a particular action, the authority vested with the power to take action must take …
Negotiable Instruments Act, 1881; Section 143A – Grant of interim compensation – Considering the drastic consequences of exercising the power under Section 143A and that also before the finding of the guilt is recorded in the trial, the word “may” used in the provision cannot be construed as “shall”. The provision will have to be …
Summary: Accused concurrently convicted under Section(s) 120B, 420, 467 and 468 – Partly allowing appeal, SC observed: Keeping in mind the mitigating circumstances of the appellant convict e, we the sentence of the appellant reduced to the period already undergone.
Maharashtra Hereditary Offices Act, 1874 – Maharashtra Tenancy and Agricultural Lands Act, 1948- Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 – it was not open to the appellants to proceed against the tenants under the provisions of Sections 5, 11 and 11A of the 1874 Act after the death of Balaji Chimnaji More, the …
Code of Criminal Procedure, 1973; Section 438, 83- In the absence of any interim order, pendency of an application for anticipatory bail shall not bar the Trial Court in issuing/proceeding with steps for proclamation and in taking steps under Section 83, Cr.PC, in accordance with law. (Para 23) Code of Criminal Procedure, 1973; Section 438 …
Prevention of Money Laundering Act, 2002 –An offence punishable under Section 120-B IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule and that it is not the legislative intent behind PMLA to make every offence not included in the Schedule a …
Anjaneya Hanumanthaiah vs Union of India WP(Crl) 281 Of 2019 PMLA – S 120B IPC Read More »
Code of Criminal Procedure, 1973; Section 374 – While adjudicating an appeal against conviction and sentence, the appellate court is required to consider all the points dealt with by the trial court by independently applying its mind and re-appreciating the evidence.- Referred to Badan Singh v. State of Madhya Pradesh, (2003) 12 SCC 792 and …
Chetram vs Ranjeet CrA 1520 of 2024 – S 374 CrPC- Criminal Appeal Read More »
Criminal Trial – Circumstantial Evidence – The principles required to bring home the charges in a case based purely on circumstantial evidence have been crystalized in the case of Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 – “(1) the circumstances from which the conclusion of guilt is to be drawn must …
Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993; Section 3- After enactment of the proviso to Section 3, the contractual rights of the parties to agree to the date of payment, have been restricted in terms of the said proviso. In other words, if the contractual date of payment exceeds …