Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24) Code Of Criminal Procedure, 1973; Section 204, 482- A petition …
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC order that quashed an FIR alleging withdrawal of salary by accused for the period was on unauthorized foreign trips and also withdrawal of salary by producing false medical certificate – Allowing appeal, SC observed: The allegations against the accused are of defrauding the State. …
State Of Haryana vs Dr. Ritu Singh 2024 INSC 263 – S 482 CrPC – Quashing – Compromise Read More »
Limitation Act, 1963; Section 5 – The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not -the question of limitation is not merely a technical consideration – Once it is held that a party has lost his right to …
Negotiable Instruments Act, 1881; Section 138 – Allowing appeal against concurrent conviction in a cheque case , SC held: In the present case, considering that the Court in criminal jurisdiction has imposed both sentence and damages, the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject matter …
Limitation Act, 1963; Section 14 – The following conditions must be satisfied before Section 14 can be pressed into service: (1) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party; (2) The prior proceeding had been prosecuted with due diligence and in good faith; (3) The failure of the prior …
Purni Devi vs Babu Ram 2024 INSC 259 :: [2024] 4 S.C.R 37 – S 14 Limitation Act Read More »
Code Of Criminal Procedure, 1973; Section 378,386– Unless the finding of acquittal is found to be perverse or impossible, interference with the same would not be warranted – The High Court could have interfered in the criminal appeal only if it came to the conclusion that the findings of the trial Judge were either perverse …
Contract Law – Letter of Intent – Letter of Intent is merely an expression of intention to enter into a contract. It does not create any right in favour of the party to whom it is issued. There is no binding legal relationship between the party issuing the LOI and the party to whom such …
Indian Penal Code, 1860; Section 306– While considering the question as to whether a person can be convicted under Section 306, IPC or whether a conviction thereunder could be sustained, one has to consider the mens rea of the accused/convict to bring about suicide of the victim. Needless to say, that it requires an active …
State Financial Corporations Act, 1951; Section 29 – Haryana Financial Corporation & Anr. v. Jagdamba Oil Mills (2002) 3 SCC 496 judgment explained: Section 29 gives a right to the financial corporation inter alia to sell the assets of the industrial concern and realize the property pledged, mortgaged, hypothecated or assigned to the financial corporation. …
Indian Evidence Act, 1872; Section 114A – The condition precedent for applicability of Section 114A of the Evidence Act is that the prosecution must be for the offence of rape under various clauses set out therein under sub-Section (2) of Section 376 of the IPC – When this condition is not met, the presumption under …