Code Of Criminal Procedure, 1973; Section 482 -Quashing a cheating case, SC observed: The matter was purely civil in nature. It was a case of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of …
Code Of Criminal Procedure, 1973; Section 200 – The right of the Complainant to file a petition under Section 200 Cr.P.C. is not taken away even if the Magistrate concerned does not direct that a Protest Petition be treated as a complaint- When the Magistrate is satisfied that a case is worth taking cognizance and …
Mukhtar Zaidi vs State Of Uttar Pradesh 2024 INSC 316 – S 200 CrPC – Protest Petition Read More »
Prevention Of Money Laundering Act, 2002; Section 2,3– In the absence of the scheduled offence, there cannot be any proceeds of crime within the meaning of clause (u) of subSection (1) of Section 2 of the PMLA. If there are no proceeds of crime, the offence under Section 3 of the PMLA is not made …
Yash Tuteja vs Union Of India 2024 INSC 301 – PMLA – Ss 200-204 CrPC Read More »
Code Of Criminal Procedure, 1973; Section 439 – Appeal against cancellation of Bail – Strong criticism of the Hon’ble Chief Minister is not a violation of bail order- only by expressing his strong views about the demolition of the masjid and by demanding release of prisoners, it can be said that the appellant has misused …
A Duraimurugan Pandiyan Sattai @ Duraimurugan vs State – Cancellation Of Bail Read More »
Code Of Criminal Procedure, 1973; Section 406 -In exercise of power conferred under Section 406 of Cr.P.C., this Court would not transfer the investigation of an FIR- It is only when after investigation there is likelihood of causing some prejudice to an accused in the course of trial, that the power under Section 406 of …
Neelima Suri vs State Of Madhya Pradesh – S 406 CrPC – Transfer Investigation Of FIR Read More »
Criminal Trial – Burden of Proof – Unless, under the relevant penal statute, there is a negative burden put on the accused or there is a reverse onus clause, the accused is not required to discharge any burden. In a case where there is a statutory presumption, after the prosecution discharges initial burden, the burden …
Code Of Criminal Procedure, 1973; Section 451 – Gujarat Prohibition Act; Section 98, 132– Section 451 of the Cr.P.C. would come into play when the article property seized during the course of inquiry or investigation is produced before the jurisdictional Court as per Clause (a) of Section 132 and the Court is called upon to …
Code Of Criminal Procedure, 1973; Section 482, 397 – Limitation Act, 1963,Article 131 – In the event a revision is lawfully instituted before the High Court but the same is thereafter found to be not maintainable on some other ground, it would be open to the High Court to treat the same as a petition …
Revenue Records – Revenue records are not documents of title; and nor would any findings pursuant to revenue proceedings under the Code confer any rights, title or interest – Questions of title can only be determined by a civil court of competent jurisdiction. Code Of Criminal Procedure, 1973; Section 482 – Principles governing the exercise …
Summary: Bail granted to accused cancelled.