Prayer - Crux of the case - Trial court’s order - Petitioner’s Side Submission -Respondent’s Side Submission - Criminal Revision Case - Criminal Original Petition - Observation of this Court - Section 44 PMLA is exception to section 190 Cr.P.C - Since there is no committal proceedings and hence section 202 (2) Cr.P.C does not arise - Procedure: Since there…
Prayer-Detenu was detained as sexual offender-Petitioner side contention on procedural safeguard violations-Respondent’s side Contention-Delay in submitting the remarks by the Detaining Authority-Cited with precedents-Unexplained delay of 21 days in considering the representation is prejudice the detenu-High Courts Directions.
Praying to register fir under section 302 IPC, change of investigation agency to CBI and further prayer for direction of appropriate compensation - Crux of the prosecution - Deceased was brought dead to government hospital and injuries found as antemortem in nature 3 to 4 days prior to the death - Second opined from Professor of forensic department as cause…
Prayer - Crux of the case - Successive firs on the same incident not being a counter case cannot be sustained and not permissible under law - Complaint by second respondent.
Prayer Criminal Appeal under Section 374(2) Cr.P.C. for setting aside a judgment. Accused acquitted of dowry death charges. The accused was prosecuted for dowry harassment upon his wife. she has committed suicide and thereby caused dowry death. Fact of the case is after a year of their marriage the appellant started constructing a house for which he demanded the jewels…
The Aadhaar Act allows for the disclosure of information in the interest of national security. This petition seeks details to verify the genuineness of Aadhaar cards for a criminal investigation which is allowed by the Hon'ble Madras High Court (principal bench)
After reviewing the submissions, it is confirmed that the petitioner is the vehicle owner and not involved in the case. The vehicle was rented out to A1/Balamurugan, with no contraband found. Due to the vehicle being exposed to weather since seizure, further detention could damage it. Citing the Apex Court's decision in a similar case, the Court is inclined to…
Unless the case diary and the remand report is transmitted to the Magistrate he would not be able to apply his mind effectively for remand - Practice for decade surrendering before non-jurisdictional Magistrates is strange and dubious practice and severely deprecated - Roshan Beevi vs. Joint secretary (1983 MLW (cri) 289) cannot be applied to IPC offences - Remand would…
Monthly Digest case laws of February' 2024.
Head note: There is no infirmity in the judgment of the Trial Court, The accused was convicted as per the evidence of the injured witness and the appeal is dismissed..
Head note: Prayer - Following Neeharika Infrastructure Pvt Ltd case – Conclusion: Crl.O.P dismissed.
Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want of limitation) - Kishore vs. State - Information to the police is akin to a complaint under section 2(d) crpc - General principle of criminal law - Old code, 1898 Cr.P.C: Prosecution need not be quashed based on delay in instituting…
Head note: Prayer - Common issues in all the writ petitions - Case is regarding defamation - Arguments on behalf of the petitioner - Judgments relied by the counsel for the petitioner - Arguments on the side of the Government - Analysis of the Hon’ble Madras High court - Issues for consideration -Special Procedure for initiation of prosecution for defamation…
Monthly Digest case laws of January' 2024.
Head note: On the petition filed under section 482 crpc, the Hon’ble Madras High court has directed to run two sentences in two different cases concurrently. Hon’ble Madras High court has directed based on the previous judgment of the Madras High court Selvakumar Vs. The Inspector of Police, Seidhunganallur Police Station reported in 2018-2-LW(Crl)773.
Challenge & Prayer – Facts - Appellant is a mentally deranged person affected with paranoid schizophrenia and set the deceased on fire - Death of deceased at hospital - Trial & conviction - Evidence substantiates the appellant was affected with paranoid schizophrenia - Analysis of Hon’ble Madras High court - Offence proved so also the mental disorder of the accused…
Head note: In the instant case, admittedly the petitioner had only repaid a part of the amount and the balance is yet to be repaid by the petitioner. This act on the part of the petitioner, at the best, can only constitute a breach of contract and it will not constitute an offence of cheating.
Prayer - Present challenge - Main ground - Deposit of 20% is not an absolute rule – Conclusion - Hon’ble High Court’s direction to the District Judiciary.
Head note: Hon’ble Madras High Court directed to do Bhajans uttering rama nama and annadhanams in responsible and pious manner today without any law and order problem.
Appeal - Appellant side submission - State submission - Hon’ble Supreme Court principles followed - Subsequent insertion in the complaint was not cross-examined - How to appreciate child witness? - Victim girl clearly identified the appellant - Prosecution proved the offence - Accused did not rebut the evidence.
In the present case, the participation in action of the respondent in commission of the offence and the common…
GROUND ON WRIT PETITION 1. The petitioner, currently serving a sentence of life imprisonment for commission of offences punishable…
26. We have extracted the relevant portions of the impugned orders above. At the outset, we observe that the…
While answering the above Question, The Apex Court has finally held as follows: 9. Now, so far as the…
Head note: Hon’ble Supreme court - Facts: Murder for gain - Unlawful assembly not attracted - Test Identification Parade…
APPEAL BY INFORMANT These appeals, by special leave, arise from the judgment and orders1 passed by the High Court…
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QUESTION OF LAW The important question that arises in this appeal is whether the institution or continuation of a…
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