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Category: madras high court

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Surrender petition: Accused should surrender only before the Jurisdictional Magistrate

-March 8, 2024

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…

Limitation and bar to take cognizance.

-February 3, 2024

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…

Defamation case: The statements is defamatory inasmuch they are directly connected with the discharge of public functions of the office of the Hon’ble Tamilnadu Chief Minister

-January 29, 2024

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…

Section 482 CrPC: Only High Court has the power to direct to run sentences in two different cases concurrently

-January 27, 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.

Plea of Insanity: Hon’ble Madras high court division bench acquitted the accused based on the exception under section 84 IPC being proved

-January 25, 2024

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…

Concurrent sentencing: Madras High Court directs to run sentences in two different cases concurrently under section 482 Cr.P.C

-December 4, 2023

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code for concurrent sentencing of two different cases. The Hon’ble Madras High Court has directed to run sentences in two separate or different cases concurrently under section 482 Cr.P.C.

TIME LIMIT TO FURNISH BAIL BOND AND SURETIES IN DEFAULT/MANDATORY BAIL u/s. 167(2) Cr.P.C.

-August 28, 2023

PRAYER IN CRIMINAL ORIGINAL PETITION Criminal Original Petition is filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to the impugned order passed in Cr.M.P No.2961 of 2022, dated 10/02/2023 in Crime No.705 of 2022 pending on the file of the Judicial Magistrate No.1, Thanjavur and set aside the […]

Section 138 NI Act: Accused completely rebutted in the cheque case

-May 18, 2023

Teo stands taken by the complainant defeats the complaint 13. It is clear from the above that the petitioner had specifically come up with two stands in the course of cross examination. The first stand is that the petitioner had an independent transaction with Sri Sai Baba Waste Paper Company and it was admitted by […]

RECOVERY OF TAINTED CURRENCY IS NOT A PRESUMPTION FOR RECEIPT OF BRIBE MONEY

-April 23, 2023

25. DISCUSSION:- RECOVERY OF TAINTED CURRENCY IS NOT A PRESUMPTION FOR RECEIPT OF BRIBE MONEY It is now well settled that, the recovery of tainted currency is not a presumption for receipt of bribe money. The fundamental fact is that the money so recovered was demanded as illegal gratification and received as illegal gratification. In […]

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