Category: Quick Recall

  • All Post
    •   Back
PMLA & PC Act: Prosecuting the person accused of an offence under Section 13(1)(e) of the PC Act as well as for an offence under Section 3 of PMLA would not amount to double jeopardy

-April 25, 2024

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…

Section 27 IEA: Mere exhibiting the disclosure statement to the IO is not sufficient but the IO must give description about the conversation while recording disclosure statements in evidence

-April 22, 2024

The appellants were convicted for the offence of murder. The trial court acquitted a1, a2, and a3 but convicted a4, a5, and a6. However, the Hon'ble High Court of Karnataka reversed the acquittal of a1, a2, and a3 and confirmed the conviction of the other accused. The Hon'ble Supreme Court discussed its previous judgments and explained the four principles to…

Section 27 IEA: I.O did not narrate the exact words spoken by the accused while making a disclosure statement

-April 21, 2024

The Hon'ble High Court of Madhya Pradesh dismissed an appeal related to a case of robbery and assault. However, the assailant was not identified. The appellant was arrested on suspicion and case articles were recovered from him. The informant identified the articles, and a final report was filed. Conclusions were reached during the trial and appeal that the appellant is…

Act 14 of 1982: Sexual offender: Unexplained delay of 21 days in considering the representation is prejudice to the detenu (with direction to the state government on giving counselling to the arrested teenagers)

-April 21, 2024

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.

Cheating: After consideration if the land was not transferred to the complainant or did not exist or had been sold or transferred to somebody else then it is cheating

-April 21, 2024

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,…

Protest petition: When the Magistrate does not treat the protest petition as a complaint and rejects it then the complainant can file a fresh complaint

-April 20, 2024

An appeal has been filed against an order under section 482 CRPC to quash a summoning order. The summoning order was issued after a final report was lodged based on information received. However, a protest petition was filed alleging the investigation was unfair. The Chief Judicial Magistrate (CJM) rejected the police report and summoned the accused after taking cognizance of…

Cancellation of bail: Accused are not entitled to bail if they are dreaded criminals

-April 20, 2024

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…

Homicide not amounting to murder: Though the accused shot the deceased but the weapon (Firearm) was not brought for the purpose of committing an offence in the liquor party

-April 17, 2024

This is a summary of a legal case where the accused were convicted under sections 302 r/w 34 IPC for a fire shot incident that occurred during a liquor party. The conviction was upheld by the High Court after sentenced by the Trial court. However, it was found that one of the accused (A2) had refused to shoot the deceased,…

Observation of Hon’ble High Court that once the police recorded statements of the Doctor and PW-4, the statements of PW-4 and the Doctor before the Court became meaningless is contrary to section 162 Cr.P.C

-April 14, 2024

Challenge against the reversal of acquittal by the Hon’ble High Court - Facts of the case: Section 302 IPC - Trial court acquitted the appellants but Hon’ble High Court overturned the sentence and sentenced to life - It is well-settled principle that an order of acquittal further strengthens the presumption of innocence of the accused - Unless there is statutory…

Custody death or Station death: If the death takes place inside the police station the accused persons should be punished for the offence under section 302 IPC

-April 5, 2024

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…

Juvenile Justice Act, 2015: Though offences POCSO and Murder have been proved accused acquitted based on procedural illegalities

-March 30, 2024

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…

Section 306 IPC: A casual remark that is likely to cause harassment in ordinary course of things does not constitute offence under section 306 IPC

-March 30, 2024

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…

When chief-examination of Prosecution witness is being recorded presence of accused advocate is required to object to a leading or irrelevant question being asked to the witness

-March 30, 2024

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…

Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen

-March 22, 2024

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.

Load More

End of Content.

TRENDING

  • All Post
  • Acquittal
  • Articles
  • Class
  • Cr.P.C 1973
  • Digest
  • Latest
  • Legal Problems Q & A
  • Monthly Digest
  • Notes
  • Quick Recall
  • Recall
  • Resources
  • Thirukkural
  • Uncategorized
    •   Back
    • 138
    • IPC
    • Pocso
    • 482
    •   Back
    • Ad. Karunanithi
    • AD. RAMPRAKASH RAJAGOPAL
    • AD. KARUPPSAMY PANDIYAN
    • P.G.Rajagopal
    •   Back
    • Evidence
    • Cr.P.C
    • IPC
    • N.I.Act
    • Corruption Laws
    • General
    • Land grabbing
    •   Back
    • Cr.P.C
    • Evidence Class
    •   Back
    • Crimes
    •   Back
    • POCSO
    • Dying Declaration
    • Murder
    •   Back
    • S.C
    • Madras High Court
    •   Back
    • Supreme Court
    • Madras High Court
    • Madurai Bench
    • 138
    • IPC
    • Pocso
    • 482
    •   Back
    • weekly digest

Subscribe For More!

Get the latest and creative news updates on criminal law...

You have been successfully Subscribed! Ops! Something went wrong, please try again.

Disclaimer:

Contents of this Web Site are for general information or use only. They do not constitute any advice and should not be relied upon in making (or refraining from making) any personal or public decision. We hereby exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular page of the Site or any of its contents, including (but not limited) to any financial contents within the Site. We will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the site or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Site or any of its contents. We shall give no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive user’s properties though we care to maintain the site virus/malware-free.

For further reading visit our ‘About‘ page.

© 2023 Developed and maintained by PAPERPAGE INTERNET SERVICES

Crypto wallet - Game Changer

Questions explained agreeable preferred strangers too him beautiful her son.