Indian Penal Code, 1860 ; Sections 420, 406 – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Code of Criminal Procedure, 1973 ; Section 438 – …
Bail Applications -To avoid any confusion in future it would be appropriate to mandatorily mention in the application(s) filed for grant of bail: (1) Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. (2) Details of any bail application(s) filed by the petitioner, which …
Code of Criminal Procedure,1973; Section 227 – Upheld Sessions Court order discharging accused – Expert witness examined by the complainant, who admittedly carried out a post-mortem on the body of the deceased, has categorically stated that the death of the deceased was natural – In the post-mortem, no injury was found on the chest or …
Ramalingam vs N. Viswanathan 2024 INSC 45 – S 227 CrPC – Discharge Read More »
Assam Police Act, 2007; Section 14(2) -Upheld Gauhati HC judgment that held that Rule 63(iii) of the Assam Police Manual held invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007 – 1970 Rules/2007 Rules define reporting, reviewing and accepting authorities to mean that they must …
Summary: High Court issued directions transferring the petitioner out of the post of DGP – The allegations which were levelled by the complainant are that the petitioner, in his official capacity, intervened in a civil dispute and attempted to used his office to intimidate the complainant- Setting aside HC direction, the SC held: The consequence …
Code of Criminal Procedure, 1973; Section 197 – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – The object of such …
Prevention Of Corruption Act, 1988; Section 17A – Per Aniruddha Bose J: If an enquiry, inquiry or investigation is intended in respect of a public servant on the allegation of commission of offence under the 1988 Act after Section 17A thereof becomes operational, which is relatable to any recommendation made or decision taken, at least …
Section 438 of the Code of Criminal Procedure, 1973 deals with the power of High Courts and Sessions Court to issue direction for grant of bail to person apprehending arrest. It reads as follows: (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable …
Maintainability Of A ‘Second’ Anticipatory Bail Application Read More »
Appellate Authority’s order setting aside the order of appointment challenged before HC – HC dismissed writ petitions and upheld it -In appeal, the court noted: Clause 4.9 of the 2011 Guidelines imposed a restriction on such persons whose family member or members have secured appointment with the State Government or any organization of the State …
Anjum Ara vs State Of Bihar 2024 INSC 40 – Service Law Read More »
Summary : Petition seeking Quashing of FIR under Sections 376 and 506 IPC Against appellant dismissed by High Court – In appeal, the Supreme Court noted the complainant’s statement that she was forced to marry the appellant. As such, the relationship between the appellant and the complainant was after the said marriage – even if …
Mohd Julfukar vs State of Uttarakhand 2024 INSC 38 – Rape Case Quashed Read More »