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.
The State has challenged an order rendered by the Hon'ble High Court of Rajasthan, which had quashed the FIR registered against the respondent for cheating in the sale of land. The respondent had neither returned the amount nor handed over the land to the complainant. However, it is not the case that the land was not transferred to the complainant,…
The appellant, who is the complainant, challenged the order that granted suspension of sentence. An FIR was registered based on the complaint, and after investigation, three separate trials were conducted. The trial court convicted five accused under section 302 IPC and acquitted two accused. The complainant challenged the impugned order of granting bail on the ground that the accused are…
Understand the legal procedure for disposal of property in court cases. Discover the steps to file before the concern court and high court.
Madras High Court after considering the facts has held that non-disclosure of impotency during marriage is an offence under sections 417 & 420 IPC and further directed the investigation agency to add offences in the fir.
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…
Charge against the appellants are under sections 419, 420 of IPC and sections 66 read with 43 (j) and 66D of IT Act. Trial judge recorded 12 Prosecution witnesses Chief-examination without recording their cross-examination. Trial proceeded as per the direction of the Hon’ble Madras High court but appellants did not engage any advocate. Trial court ought to have provided legal…
The cause of death of a young woman in Delhi remains a mystery in this complex legal case. After a legal battle the relatives of the young woman (deceased) obtained investigation by CBI.
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 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)
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.
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…
Section 304 Part II deals with culpable homicide not amounting to murder. In this case, the deceased tragically lost his life when the appellant, without any malice or premeditation, fired a gunshot into the sky during a joyous wedding ceremony. Hon'ble Supreme court has concluded that though it is cruel act but without any intention or enmity and modified the…
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…
Against the order passed by the Hisgh Court in a Writ Petition- No system of adoption of child in Mohammaden law. It is only Kafalah, in terms of which only custody can be given to another person, however, the child does not sever relations with biological parents - custody of a minor child in parens patriae jurisdiction - Time gap…
A Miscellaneous Application was filed in the decided case, in light of the order passed on 4th December 2019 by the Learned Additional Chief Judicial Magistrate, Pune. When the learned Magistrate was called upon to proceed with the trial on the ground of automatic vacation of stay after the expiry of a period of six months, the learned Magistrate expressed…
Since the approver did not inculpate himself with the privy of the crime, the Hon'ble High court dismissed the approver's testimony, set aside the death sentence conviction, and acquitted the respondents. But Hon’ble Supreme court after discussed sections 133, 157 Evidence Act and section 306 Cr.P.C has concluded that once the approver is being removed from the category of co-accused…
Suo-Motu revision was taken by the Hon’ble Madras High Court against the discharge order on the second discharge application - Suo-Motu Crl.R.C No: 1559 of 2023.
Head notes: Prayer - Fact - Petitioner’s side Argument - Respondent’s Side Argument - Reference with Supreme Court &High Court Cases - Finding & Conclusion - Madras High Court’s directions - All online final reports will be in compliance of rule.25 Cr.R.P 2019 - Magistrates shall not return the final report on the ground that reports are not enclosed -…
HOW TO PROVE OFFENCE u/s 7 P.C ACT? The offence under Section 7 of the PC Act relating to public…
Author’s quote: My senior constantly advises me to read the section first, take it as it is, understand it…
Challenge & Prayer – Facts - Appellant is a mentally deranged person affected with paranoid schizophrenia and set the…
8. The main questions involved in the present case are: (i) Whether the Magistrate after having found sufficient ground…
N.I ACT AND DE-NOVO TRIAL 48. The High Court in the present cases remanded the matters for de novo…
Against the order passed by the Hisgh Court in a Writ Petition- No system of adoption of child in…
Head note: Appreciation of trial court judgment - Trial court conclusion on Accused-2 - Trial court has accepted the…
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