Appellant has taken obscene photographs of the neighbour ‘X’ and blackmail to extort money - Prime accused enlarged on bail - High Court allowed Anticipatory Bail to the accused and subsequently dismissed on the application filed by the complainant section 439 (2) Cr.P.C - Concept of anticipatory bail - Present appellant had been charged only under section 120B and section…
Challenge against the dismissal of criminal appeal by the Hon’ble High Court - Observation of the Trial court after the conviction - Child was not returned home from a shop and could not be traced hence fir registered - Victim (deceased) was last found with accused - Accused confessed and based on that dead body recovered and after post-mortem it…
Challenge against the dismissal of order under section 482 Cr.P.C - Deceased died due to non-vacation of his house by his brother (accused) - Quash petition filed after charge sheet was filed - Except the appellant told the deceased to go out and die there is no other allegations brought on record - Appellant was in USA and there is…
Appeal against FIR dismissal seeks to quash case under Section 420 IPC. Apex court has held that there is no fraud, cheating, and criminal breach of trust allegations in this legal battle further quashed the case. Also Supreme court has insisted that if only civil remedy lies but criminal proceedings filed then the complainant must face the consequences.
Appellant challenges High Court order on FIR No. 31 of 2020, involving Sections 153A, 500, 501, 504, 34 & 120B IPC. Hon'ble Supreme Court has quashed the FIR stating that there is no allegation to constitute offences under section 154A IPC and other IPC offences.
Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen. General principles regarding the innocence of accused. Witness did not say that the accused were seen nearby the dead body. Recovery is from open place accessible to one and all. Accused aquitted.
The conviction under section 397 r/w 395 IPC is challenged due to the lack of proper identification parade and dock identification for the first time. Hon’ble Supreme Court accepted the contention challenged and acquitted the accused.
The application under Section 143A of the NI Act aims to add interim compensation to the accused's plea. Section 143A(1) applies after the accused's plea is recorded, while Section 143A(1)(b) applies only to warrant cases. Interim compensation can be recovered as a fine under section 421 Cr.P.C. The appellate court can exercise discretion in directing payment. This case is remanded…
In this appeal, the appellant challenges the High Court's decision of dismissing his bail application. The Hon'ble Supreme court has called for details on charge sheet filed. After reviewing the chargesheet, it lacks necessary details, therefore, Apex court has directed the Director General of Police (DGP) of Jharkhand will ensure and take necessary steps to comply with appropriate law laid…
Appeal against High Court order on summoning call details during criminal proceedings in Rajasthan. Accused's application rejected by Trial Court, allowed by High Court. Important legal implications discussed.
Trial court placed burden on accused regarding case diary corrections, Missing pages. Convicted under section 302 IPC, seeks acquittal after confirmation by High Court.
Section 203 Cr.P.C: Dismissal of complaint: Cause of action for filing complaint is same as is in the filing contempt petition and that fact was not mentioned in the complaint and hence taking cognizance is abuse of process of law.
The main issue is that the Assistant Director, who was not legally authorised to take the sample, voluntarily took the meat sample. He also did not issue notice to first three respondents. As a result, Apex Court confirmed the Hon’ble High Court’s order quashing the FIR finding the Assistant Director's sample collection act was entirely unlawful.
Head notes: Challenge is against the dismissal of quash petition against the compliant filed - Section 202 cr.p.c explained in detail - Magistrate called for report under section 202 cr.p.c after evidence (sworn) was over - Police did not file the report under section 202 cr.p.c - Magistrate ought to have waited till the report was received but summoned the…
Head note: Challenge against the order cancelling the bail application - Appellants were added solely on the basis of confessional statements - State preferred cancellation of regular bail - Cancellation of bail came before the single judge who had not granted the bail - Cancelling the bail which granted by another single judge by examining the merits tantamount to judicial…
Head note: Evidence: appreciation and analysis - Motive for the present incident: In village election informant voted against the accused wife. Also there were case and a case-in-counter going on - Appellant shot PW-1 with gun but the first gunshot hit P.W-1’s mother and she died at the spot - In cross-examination PW-1 states when her mother collapsed he cried…
N.I Act: Director cannot be prosecuted after his resignation.
Special court issued summons without passing any order summoning the accused, leading to rejection of bail application. Non-application of mind by the Court.
Head notes: Factual aspects - Defamation complaint against the petitioner and the appellant seeking transfer - Appellant defamed the Gujarati people as ‘thugs’ - Petitioner withdrawn the offending statements - Respondent was not ready to quash the complaint - Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn - Case quashed.
Head note: Challenge: Trial court acquitted the appellants but Hon’ble High court reversed the acquittal and held the appellants guilty of murder hence this appeal - Analysing the judgment of the Hon’ble High Court - Issue: Whether the High Court was correct in reversing the order of acquittal - The accused are not unknown to the victims - Presumption of…
Explore the legal issues and answers surrounding the Ayyappan vs state judgment in 2015, including provisions for surrender and…
MAGISTRATE CANNOT RECORD THE STATEMENT OF PROSECUTRIX WITHOUT PRODUCED BY THE POLICE: 7. In view of the above, it…
STATE LEVEL COMMITTEE OF HOME (PRISON-IV) DEPARTMENT RECOMMENDATION OF RELEASE WAS DISMISSED BY T.N. STATE GOVERNMENT 8. In the…
Head note: Apex court - Dispute in the total sum of invoice prepared by the appellant (accused) was considered…
WHAT IS SUBSTANTIVE EVIDENCE? EXPLAINED: 117) Learned Solicitor General submitted that, even otherwise, an adverse inference ought to be…
PRE BRITISH ERA: Law makers thought to provide adequate and effective sentencing to the offenders/criminals (after their trial is…
47. Confined to what the High Court has held in the impugned judgment and order, the short question that…
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