Indian Penal Code, 1860; Section 420 – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property. There are, thus, three components of this …
Bail -Concern about the delay taking place in the disposal of the bail applications – Referred to guidelines issued in R.C. Sharma Vs. Union of India, (1976) 3 SCC 574, Anil Rai Vs. State of Bihar, (2001) 7 SCC 313, Satendra Kumar Antil Vs. Central Bureau of Investigation and Anr., (2022) 10 SCC 51 -Despite …
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 »
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 …
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 »
Summary: In 2016, a woman complained that the accused raped her 34 years ago – In Final report Investigation Officer opined that the case was of a civil nature and filed only for the greed for the property of the appellant- Magistrate rejected this Final Report and took cognizance under Section 376/506 of IPC- HC …
Code Of Criminal Procedure, 1973; Section 432 –In a case where the trial has been transferred by this Court from a court of competent jurisdiction of a State to a court in another State, Government of the State within which the offender was sentenced is the appropriate Government which has the jurisdiction as well as …
Code of Criminal Procedure, 1973; Section 372, 386 – The appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one …