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Criminal Law Articles


Remand of accused on change of investigating agency

  Swami Sadashiva Brahmendra Sar   20 May 2009 at 15:13

Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of theoffence had already been taken ? In Mithabhai pashabhai patel v. State of Gujrat (Crl. Appeal no 941 of 2009) ..


Posted in Criminal Law |   2315 Views


Fraud/cheating - simultanious civil and criminal case

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 16:49

We are frequently consulted for quashment of criminal proceedings on the ground that a civil proceeding for same cause of action is already pending. This hapens often in matters relating to transfer of property and money transactions. the question a ..


Posted in Criminal Law |   6672 Views


Misuse of 498A and DV

  kirankumar   19 May 2009 at 09:46

PROMOTE DOMESTIC AND FAMILY HARMONY DISCOURAGE MISUSE OF FORM AND PROTECTION LAWS SAVE INDIAN FAMILY Woman protection (gender-biased) laws in India are being grossly misused causing the drastic increase in matrimonial and domestic disharmony. The ra ..


Posted in Criminal Law  1 comments |   3092 Views


304 B, IPC - cruelty soon before death

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 09:46

Section 304B of the Penal Code has the following ingredients: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) Such death must have occur ..


Posted in Criminal Law |   5273 Views


A concubine,whether can be prosicuted for u/s 498-A, IPC ?

  Swami Sadashiva Brahmendra Sar   16 May 2009 at 20:21

The Supreme Court on 6 may,2009 held that a girlfriend is not relative, therefore she can't be prosecuted for dowry or cruelty u/s 498-A, IPCIn criminal Appeal no.938/2009,U Suvetha v. State, the supreme court had occasion to consider as to whether ..


Posted in Criminal Law |   2517 Views


What is Identity Theft?

  G. ARAVINTHAN   15 May 2009 at 20:02

Almost everyone knows someone has been a Victim. But, there’s still an attitude that somehow it always happens to “the other guy”. But, what if you are the “other guy”?All across India, the fastest growing White Collar Crime in the nation has been id ..


Posted in Criminal Law |   1702 Views


Important points regarding s.138, NI Act

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

To constitute an offence under s. 138 of NI Act, following ingredients must be fulfilled : cheque should have been issued to discharge any debt or liability cheque should have been presented within 6 months or its validity whichever is earlier the ..


Posted in Criminal Law  1 comments |   3337 Views


Sentencing - Provocation, a relevant consideration

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

in Tan Rui Leen Russell v Public Prosecutor[2009] SGHC 102 , decided on 27th april 2009, the singapore high court held that "Where an offence is committed as a result of a loss of self-control brought about by provocation, the culpability of t ..


Posted in Criminal Law |   1457 Views


s. 138,N.I.Act - when drower says cheque was lost

  Swami Sadashiva Brahmendra Sar   13 May 2009 at 13:54

Whether return of a cheque by the bank on the ground that it was reported lost by the drawer would attract the penal provisions contained in Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act")? In Raj Kumar Khurana v. ..


Posted in Criminal Law |   4107 Views


Age in view of amendments in JJ Act

  Swami Sadashiva Brahmendra Sar   10 May 2009 at 16:38

in Hari Ram vs State of Rajasthan and Another the SUPREME COURT on 05 th May 2009 evaluated the Juvenile Justice (Care and Protection of Children) Act, 2000, ss.2(k), 2(l), 7A, 15, 20, 49 and 64 (Provisions as stood amende ..


Posted in Criminal Law |   3005 Views