-January 20, 2024
Head note: No prima facie for cheating found and differentiated mere breach of contract and cheating - Further Anticipator Bail granted.
Must have:
End of Content.
End of Content.
Head note: No prima facie for cheating found and differentiated mere breach of contract and cheating - Further Anticipator Bail granted.
Head note: Challenge – Facts - The appellant and complainant were in relationship against their parents wish - Father of the girl filed Habeas Corpus writ petition - Hon’ble High court’s order based on its interaction with the girl - After a considerable time complainant (girl) separated from appellant and register the FIR against him – Analysis - Complainant (girl)…
Head note: Challenge - Facts - Quash preferred - Quash dismissed by the Hon’ble High Court - Charge sheet filed against the accused - Respondent/accused again approached High court and set aside the charge sheet and other order - Question involved: Whether sanction required to prosecute respondent no.2? - Section 197 Cr.P.C - Sanction explained - a view can be…
Head note: Appeal against conviction - Hon’ble High court confirmed conviction Incident - Dying declarations of deceased - First dying declaration is to his brother - Second dying declaration is to his mother - Eye-witness (PW-13) testimony of the incident - PW-13 is an interested witness with criminal background - SOC cannot be visible from the hotel where the witness…
Appeal - Case of the Prosecution - Trial court conclusion - Analysis and findings - Case is based on circumstantial evidence - Illicit relationship is the key motive for murder - Circumstance and opportunity - Inmates of the house must explain - Initial burden to prove circumstantial evidence is lesser than other cases - Appellant failed to offer proper and…
Appeal - Witnesses turned hostile – Recovery - DNA test - Fact discovered must lead to physical object and only that information can be proved - Recovery proves the factum of object found and the knowledge of the accused to its existence - except recovery rest of the information is to be excluded - Hypotheses presumption as to the accused’s…
Note No.1: This is the notes for Cr.P.C., 1973 - Useful for judicial examination and academic purposes.
Monthly Digest December' 2023 - Thank you for your support - Happy New Year -
Head note: Hon’ble Supreme Court - Murder case - Appreciation relating to dying declaration - As per evidence the deceased would have survived only for a short duration after he received the injuries – Acquitted.
Head note: Extension of custody u/s 167 Cr.P.C: Since accused has the right to oppose the prayer for the extension of the remand, it is necessary to produce the accused physically or through virtual - General principles governing default bail - The effect of the failure of the respondents to produce the appellants before the special Court at the time…
Head note: High court did not consider sections u/s 161 and 164 Cr.P.C for considering prima facie in grave offences - Bail cancelled Leave granted.
Headnote : Attacked by the owner for feeding puppies – succumbed to injuries – sentenced to life imprisonment by trial court – Modification of life sentence
Head note: Though appellate court has to re-appreciate the evidence but if contrary view is possible it cannot interfere with the order of acquittal - Cross-Examination: Disallowing questions in cross-examination will prejudice the accused
Head note: Written communication about the grounds of arrest reasonably within 24 hours of his arrest is sufficient compliance of both section 19(1) PMLA and Article 22(1) Constitution of India - Vijay Madanlal Choudhary and Others vs. Union of India and Others holds the field.
Head note: Cheque case conviction - Appeal admitted with the direction to deposit 20% of the total cheque amount - Accused deposited rupees thirty lakh
![Common intention [section 34 IPC]: Since appellant were together there was time available for meeting of minds](https://section1.in/wp-content/uploads/2023/12/Learn-how-to-change-your-life-in-3-simple-steps.jpg)
Head note: Section 34 IPC - vicarious liability – Example - Not in every case adverse inference can be taken for withholding the witness - Merely no attempt to save the deceased cannot be said unnatural conduct - Appellants were together hence there was time available for meeting of minds.
Head note: As per majority views [Surya Kant J and Ujjal Bhuyan J] S. 389(1) Cr.P.C - stay of conviction where conviction, if allowed to operate would lead to irreparable damage and where the convict cannot be compensated in any monetary terms or otherwise, if he is acquitted later on, that by itself carves out an exceptional situation – As…
Head note: Presence of witnesses during the assault were not examined - Prosecution did not submit medical records to prove that the deceased was assaulted by a rubber stick - Since presence of alcohol is in the body and there is every chance of fell from a grown high tree - Mere absconding cannot establish guilt or guilty
Head note: Apex Court - Thus, an order rejecting prayer for bail does not disempower the Court from considering such plea afresh if there is any alteration of the circumstances. Conditions of bail could also be varied if a case is made out for such variation based on that factor. Prohibition contemplated in Section 362 of the Code would not…
Head note: Apex Court has held that the order directing the accused to pay the interim compensation shall be ordered only after the accused plead guilty and not before that even after his appearance on his summons.
The expression of speech through a WhatsApp status criticizing certain actions does not necessarily attract offence under section 153A…
FACTS IN FINAL REPORT 4. A final report was filed by the Assistant Commissioner of Police in the case…
Weekly Digest (case laws) no.1 – May ’2024.
SECTION 307 IPC WOULD NOT ATTRACT 7. In his statement, the injured appearing as PW-1 submitted that when Munna…
ANALYSIS Having heard the learned counsel appearing for the parties and having gone through the materials on record, the…
THE COGNIZANCE COGNIZANCE OF OFFENCES BY COURTS Till the criminal Court takes cognizance of the offence there is no…
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
Questions explained agreeable preferred strangers too him beautiful her son.
