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…
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 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.
Weekly Case Laws Digest March 2024 No.2: Key Updates and Analysis.
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…
Trial court placed burden on accused regarding case diary corrections, Missing pages. Convicted under section 302 IPC, seeks acquittal after confirmation by High Court.
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…
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…
Child testifies that his father taught him details - Defense theory suggests accused were known to parents – defence did not prove prior enmity between the accused and the parents – except kidnapping prosecution failed to prove demand and threat and hence section 364A IPC not applicable.
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.
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 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: Prayer - Following Neeharika Infrastructure Pvt Ltd case – Conclusion: Crl.O.P dismissed.
Quash set-aside: Prosecution may be lodged by or with the permission of the Sub-Registrar as per section 83 of the Registration Act, 1908.
N.I Act: Director cannot be prosecuted after his resignation.
Head note: Prayer – Fact - Trial Court order - Petitioner side Argument - Respondent Side Argument – Findings - Impact of fails to comply with the maintenance order of court - Attachment of salary is very much valid - Party.
Head note: Non-bailable warrant issued against absconding, accused police officials – accused aided in kidnapping and extortion and Seeking to issue an Non Bailable warrant for the investigation of the police officials under section 73 of crpc.
4. While hearing this appeal, a bench of two Hon’ble Judges of this Court came to a conclusion that…
There is another aspect of the matter which should be borne in mind. A distinction exists between a burden…
Example no. 1: Whether a letter wrote to the investigation officer by a witness during the investigation is admissible…
1. Though the dispute involved in these appeals concerns the return of the passport of the appellant, it is…
(h) One of the accused by name Tintu Abraham filed Crl.M.C.No.637 of 2012 before the Kerala High Court to…
It is clear to us that the ocular evidence with regard to the events preceding the actual incident rested…
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