Lawyers’ Strike – Deprecated strikes by Bar associations – The members of the Bar represent, in the course of their professional duties, individual litigants whose cases involve their grievances in regard to injustices which have been caused to them. A strike by the members of the Bar immediately affects the litigants who are the most …
Drugs and Cosmetics Act, 1940 -A police officer cannot register an FIR under Section 154 CrPC, in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of CrPC -Referred to Union of India v. Ashok Kumar Sharma & Ors. (2021) 12 SCC 674::[2020] 10 S.C.R. …
Food Safety and Standards Act, 2006; Section 89,59 – Indian Penal Code, 1860; Section 272,273 – after the enactment of the Act, 2006, more particularly, keeping in mind the offence under Section 59 of the Act, 2006, there cannot be prosecution for the offences under Sections 272 and 273 respectively of the I.P.C. – Referred …
Sushil Kumar Gupta vs State Of West Bengal Cr A 1798 of 2024 Read More »
Code Of Criminal Procedure, 1973; Section 389 – High Court rejected accused’s plea for suspension of sentence on the ground that he had faced charge under Section 302 IPC though his actual conviction was for commission of offence under Part 2 of Section 304 IPC, Allowing appeal, SC observed: The offence he was charged with …
Jor Singh vs State Of Rajasthan CrA 1585 Of 2024 – S 389 CrPC – Suspension Of Sentence Read More »
SARFAESI Act, 2002; Section 13 – There being a mortgage and the loan amounts recoverable, the appellant guarantor is entitled to proceed under the SARFAESI Act. The liability of the guarantor is joint and several with the principal debtor [State Bank of India is entitled to proceed under the SARFAESI Act, including the notice under …
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 »
Summary: Petitioner, a lawyer, seeks a declaration that the right to vote is a fundamental right which flows from Articles 14, 19 and 21 of the Constitution and also seeks a reference of the decision in Kuldip Nayar & Ors vs Union of India & Ors (2006) 7 SCC 1 : [2006] Supp. (5) S.C.R. …
Devadipta Das vs Union Of India WP(C) Diary 3169 Of 2024 – Right To Vote Read More »
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – When anticipatory bail is granted to an accused, the effect of the said order is that in the event of the arrest of the accused, he has to be forthwith released on bail. After coming to the conclusion that the accused is entitled to …
Indian Penal Code, 1860; Section 375 – Supreme Court refused to quash a rape case by observing thus: It cannot be held that the FIR does not disclose any offence. The allegations cannot be held to be inherently improbable, which is one of the grounds for quashing an FIR – we do not think the …
Rajkumar vs State Of Karnataka SLP(Crl) 6279 Of 2024 – Refused To Quash Rape Case Read More »
Criminal Investigation- Participation in the investigation does not entail making selfincriminating statements -[In this case, the State contended that accused is not co-operating with the investigation as he was not helping out for recovery of the sum allegedly paid to him as a bribe]