In the evidence led by the appellant no.1, she admitted in her cross-examination that the owner of the vehicle was brother of her husband. It was further admitted that they were having common ration card. They were members of the same Joint Hindu family. Salary certificate of the deceased was produced on record, however the […]
In this case the fact that investigation had been completed and charge-sheet was ready to be filed in court, proper remedy of accused is to prefer discharge application before trial court, which would be considered in accordance with law. [Iqbal v. State of U.P., (2023) 8 SCC 734] Case Comment: Honorable Supreme Court of
Law clarified relating to criminal liability imposed therefor under special statutes (UAPA and TADA) on basis of doctrine of “guilt by (continuing) association”, whether should be read down to include the conditions of actus reus and mens rea. Nature, scope and applicability of S. 10(a)(i) r/w Ss. 3 and 4 UAPA, explained in detail.
Ingredients, scope and powers bestowed on court under S. 319, explained. It is, thus, manifested from a conjoint reading of the cited decisions that power of summoning under Section 319 Cr.P.C. is not to be exercised routinely and the existence of more than a prima facie case is sine quo non to summon an additional
Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused: Read More »
Repudiation of claim under fire and special perils policy, for not providing desired documents is not sustainable, when documents were for the purpose of assessment of claim and Surveyor’s report had already been made and accepted by Insurance Company. Held, “In our considered view, invoking condition no. 6(b) of the policy for repudiation dated 11th
Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The observations of this Court in the case of Sukhwant Singh v. State of Punjab3: ………It hardly needs to be emphasised that in cases where injuries are
Condition imposed for release of seized funds subject to bank guarantee equivalent to amount is invalid when accused not connected with the Company entitled to such funds and also discharged of alleged offence. Freezing of assets and imposition of bank guarantee against appellant is not permissible where investigation against the appellant Company, itself is rendered
Criminal Procedure Code, 1973 — S. 102 Read More »
By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence for which he is tried. Causing grievous hurt by act endangering life or personal safety of others – At that relevant time, the bus was
Order of High Court reversing acquittal of appellant-accused and convicted him under S. 302 IPC for murdering his wife in case resting on circumstantial evidence, quashed and set aside. the dead body of an unknown married woman aged about 25 years was lying in a field on the side of the railway track at Ambalgisan
Penal Code, 1860 — S. 302 — Appeal against acquittal from Murder of wife alleged Read More »
The buyer having performed his part of contract and lawfully in possession acquires possessory title which is liable to be protected in view of S. 53-A TPA. Such possessory rights of the buyer cannot be invaded by the seller/transferor or any person claiming under him. Once seller parted with possession of suit property by putting
Transfer of Property Act, 1882 — S. 53-A — Applicability Read More »
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