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Criminal Law Judiciary

Intention and Recklessness - Distinguished

 12 May 2008

The Supreme Court in Naresh Giri v. State of M.P. in App. No. 1530/2007 distinguished the mental state required under section 302 IPC from the one required under section 304A IPC. It was a case wherein the driver of a bus, which was hit by a train in..

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Dying declarations in dowry death cases

 12 May 2008

The Supreme Court detailed the admissibility of dying declaration thus: “Normally, the court places reliance on the medical evidence for reaching the conclusion whether the person making a dying declaration was in a fit state of mind, but where the ..

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Order passed under Section 156(3) Cr.P.C. can't be challenge

 10 April 2008

Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused...

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Magistrate must record statements of all witnessess u/s 202 Cr.p.C.

 10 April 2008

In a complaint triable by a Sessions Court, Magistrate must record statements of all witnessess u/s 202 Cr.p.C. ..

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S.482 Cr.P.C.-application after submission of C.S. not maintainable

 10 April 2008

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S.362 Cr.P.C.-Mag. could not review earlier order passed by

 10 April 2008

S.362 Cr.P.C.-Mag. could not review earlier order passed by his predecessor..... ..

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Conviction for offence punishable under Section 302 of the I

 27 March 2008

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Quash proceedings - non compoundable offence

 27 March 2008

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Release of vehicle involved in criminal case

 27 March 2008

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Maintainability of revision challenging order under 156 (3)

 17 March 2008

Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused...

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138 Negotiable Instruments Act-Service of notice

 16 March 2008

Section 482 - Negotiable Instruments Act - Section 138 - A penal provision should be construed strictly; the condition precedent wherefor is service of notice. It is one thing to say that the demand may not only represent the unpaid amount under cheq..

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N I Act, – Section 138, 139 – Burden of proof

 16 March 2008

Complaint on dishonour of cheque – Burden of proof - Reversal of a judgment of acquittal passed by the learned Trial Judge in favour of the appellant - The criminal court while appreciating the evidence brought on record may have to weigh the entire ..

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Suspension of sentence

 13 March 2008

The Appellate Court, however, while suspending the sentence, was entitled to put the appellant on terms. However, no such term could be put as a condition precedent for entertaining the appeal which is a constitutional and statutory right..

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Juvenile Justice Act

 07 March 2008

Under Juvenile Justice Act order refusing bail to juvenile by Board and S.J. is not proper...

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Acquittal based on benefit of doubt.

 28 February 2008

"........as per Ballistic expert's opinion, cartridge E. C. 1 was not fired from the single barrel 12 bore No. 1319 said to have been used by the accused. In our opinion, therefore, the appellant accused is entitled to benefit of doubt. " ..

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Benefit of S. 6 of the Probation of Offenders Act ,1958.

 27 February 2008

when the incident took place, appellants 3 and 4 were less than 21 years of age and, therefore, they ought to have been given the benefit of the Probation of Offenders Act. This contention was neither taken in the sessions court nor in the..

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Power of Review

 24 February 2008

The scheme of the Code is clear that as a general rule, as soon as the judgment is pronounced or order is made by a Court, it becomes functus officio (ceases to have control over the case) and has no power to review, override, alter or interfere with..

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Interference by the Supreme Court in cases of acquittal

 24 February 2008

It is now a well-settled principle of law that this Court in exercise of its jurisdiction under Article 136 of the Constitution of India would ordinarily not interfere with the judgment of acquittal, if two views are possible...

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ARREST AND CUSTODY – RIGHT TO LIFE AND PERSONAL LIBERTY

 14 February 2008

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ARREST AND CUSTODY OF FEMALE PERSONS

 14 February 2008

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