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Criminal Law Judgments and Orders

High court have the power to determine the disputed question involved in the matter

 17 December 2011

Petitioner Ram Baran Ram has filed instant petition of writ asking for a relief for quashing of FIR of Gaunaha P.S. Case No.23 of 2009 arising out of Special P.S. Case No.25 of 2009 as well as Gaunaha P.S. Case No.01 of 2010. The shorn of unnecessar..

Posted in Criminal Law |   2048 hits

Sec 363 of IPC cannot be compared with Sec 364A of IPC both have different provision

 09 December 2011

The prosecution case, in short, is that in the afternoon of 17.03.2000, which was a Bakrid day, a minor boy named Vicky Prasad Rajak (PW-2) was found missing. Mahendra Prasad Rajak (PW-3)-father of the boy (the Complainant) reported the matter in the..

Posted in Criminal Law |   3677 hits

In the absence of government sanction complaint cannot be proceed but the compensation must be justifiable

 09 December 2011

The appellant, Hardeep Singh was engaged in running a coaching centre, called “Deepika Classes” where students were given tuition to prepare them for entrance tests for different professional courses. On June 8, 1992, it was reported to the Collector..

Posted in Criminal Law |   2122 hits

Appointment of legal representative should be disclose and making delay I court proceeding is treated violation of sec 303 of the Code CP

 06 December 2011

One Raja Laxman Singh the original owner of 85.10 bighas of land situate at Mauza Jandrighat Bhatyat (now Chuwari) expired on 20.5.1971. His properties were inherited by one Raja Prem Singh and after coming into force of the Himachal Pradesh Ceiling ..

Posted in Criminal Law |   1735 hits

Rent controller is not a court as per Sec 195 but in case of false statement it can be maintainable at the instance of Private party

 03 December 2011

The said Respondent filed Crl. RBT Complaint No.283/19.8.2003/2.8.2005 against the Appellants before the Illaqa Magistrate, under Sections 193, 420, 120-B IPC, for allegedly making false statements in judicial proceedings before the Rent Controller, ..

Posted in Criminal Law |   2516 hits

Allegation cannot be proved in the absence of documentary or oral evidence as per the IPC

 03 December 2011

Respondent Shera Ram @ Vishnu Dutta was charged for committing an offence under Sections 302, 295 and 449 of the Indian Penal Code, 1860 (for short ‘IPC’) and was sentenced to undergo imprisonment for life by the Additional Sessions Judge-1, Jodhpur..

Posted in Criminal Law |   2431 hits

As per Sec 12 Prevention of Corruption Act 1988 delays due to the system cannot taken as advantage to the person served just desert long ago

 02 December 2011

This appeal is directed against the conviction of the appellant, an Assistant Collector of Central Excise, for offence punishable under Section 12(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, _ the PC Act, 1988_ ) and..

Posted in Criminal Law |   3784 hits

Intention to kill is need to present for the application of Sec 302 of IPC otherwise treated offence under sec 304 of IPC

 30 November 2011

A2 to A5 are the sons of A1. PW-1 Pandurangan is the younger brother of deceased Ranganathan, who was a former Member of Legislative Assembly. He was a member of ADMK political party. He used to, inter alia, run a rice mill. A1 to A5 were residing at..

Posted in Criminal Law |   2078 hits

As per section 3 of Cow Slaughter Act 1955 no person shall slaughter or caused to be slaughter any cow in any place of Punjab

 30 November 2011

The facts and circumstances, which are relevant, are as under: a)According to the prosecution, on 01.01.1996 Head Constable Satyabir/p.w.-3 (hereinafter “the Investigating Officer”) received a secret information that the accused persons were sla..

Posted in Criminal Law |   3604 hits

Dismissal of previous complaint is not to be treated as bar to file second Complaint

 25 November 2011

A. A dacoity was committed in the house of present appellant Shiv shankar Singh and his brother Kameshwar Singh on 6.12.2004 wherein Gopal Singh son of Kameshwar Singh was killed by the dacoits and lots of valuable properties were looted. The police ..

Posted in Criminal Law |   3693 hits

Evidence must be shown to hold responsible a person for offence under sec 324 of IPC with aide of Sec 120B

 18 November 2011

We are concerned in this appeal only with the conviction of the appellant under Section 324 read with Section 120B of the IPC. The case of the prosecution as against the appellant, in short, is that PW-4 had purchased the said auto rickshaw from Jain..

Posted in Criminal Law |   2065 hits

On the basis of Fundamental rights and interest of justice cases fall under section 302 IPC can be transfer to Crime Branch

 17 November 2011

The present case relates to the unfortunate offence of murder of the Petitioner’s son at around 9.30 p.m. on 5th May, 2011 near C-5, Gali No. 2, Vasant Kunj. The deceased had four stab wounds besides abrasions on the arm and the knees. A perusal of t..

Posted in Criminal Law |   2678 hits

As per Section 2(c) of the Contempt of Court Act 1971 defines Criminal Contempt as doing anything prejudice or intends to interfere of any judicial proceeding

 16 November 2011

the facts giving rise to the present appeals are that the appellant applied on 16th of April, 2003 for grant of mining lease for iron ore over an area of 350 acres in Yeshawanthnagar Range of the Kumarswamy Reserve Forest Area within Sandur Taluk in ..

Posted in Criminal Law |   2420 hits

There is nothing mention in Evidence Act to not accept the statement given by girl physically tortured

 02 November 2011

Facts and circumstances giving rise to these appeals are unfolded by the statement of Shri Prabhu Dass (father of prosecutrix Monika) dated 28.11.1989 made before the Police Station, Vinay Nagar, New Delhi to the effect that his daughter Monika, aged..

Posted in Criminal Law |   2160 hits

As per section 3 of the Evidence Act Confession of the Co-accused can not be taken as evidence

 01 November 2011

These two appeals, by special leave, can be disposed of by a common judgment as they arise out of the same facts and challenge the same judgment and order dated 3/5/2005 of the Punjab and Haryana High Court. Criminal Appeal No.1050 of 2005 is filed b..

Posted in Criminal Law |   4286 hits

NO PROTECTION TO CORRUPT JUDGES

 15 October 2011

Criminal Procedure Code, 1973-Sec. 482-Judges (Protection) Act, 1985-Secs. 2 & 3-Penal Code, 1860-Secs. 467, 468, 471 & 477-A~Prevention of Corruption Act, 1947 -Sec. 5(1 )(d)-Rajasthan Civil Services Pension Rules, 1996-R. 7(3)-Petition to quash FIR..

Posted in Criminal Law 1 comments |   4611 hits

Burning family alive rarest of rare crime, rules SC

 26 September 2011

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Posted in Criminal Law 1 comments |   2964 hits

General Exemption to Accused under section 313 Cr. PC should not be granted freely

 10 September 2011

Criminal Procedure Code, 1973 — sections 482, 205, 313 — power to examine the accused — Being aggrieved with the order granting a general exemption to the accused from personal appearance before the Trial Court, the complainant filed this appeal — th..

Posted in Criminal Law |   6965 hits

Grounds of Bail

 10 September 2011

Criminal Procedure Code, 1973 - Bail - Grant of— bail granted to the respondent-dentist — under challenge — seven assailants came in a Maruti Van and assaulted Prof. T.J. Jacob and chopped off his right palm. The role attributed to the respondent is ..

Posted in Criminal Law 2 comments |   5093 hits

Meaning of Third Party in Case of Accidents

 10 September 2011

Motor accident claim - Meaning of Third party - Any party, which is not a contracting party to the policy of insurance will automatically be referred to and called as a third party because it is neither the first party (the insurer) nor the second p..

Posted in Criminal Law 1 comments |   4118 hits