Mota Bhagwan Asaram was also convicted under Section 377, IPC. The Prisons (Bombay Furlough and Parole) Rules, 1959 were made pursuant to Section 59 of The Prisons Act, 1894 and are applicable in State of Gujarat. State of Maharashtra v. Suresh Pandurang Darvakar, (2006) 4 SCC 776 distinguished parole from furlough. The difference was also […]
Read more "Furlough I"This is a case of cheques, issued pursuant to a deed of compromise, being dishonoured. The dishonour of cheques, issued subsequent to a settlement agreement, would give rise to a fresh cause of action attracting liability under Section 138 and other remedies under civil law and criminal law. A contrary interpretation would lead to contradictory […]
Read more "Settlement Deed Cheque"It emerges from decisions, Appellate Court may direct a retrial only in ‘exceptional’ circumstances to avert a miscarriage of justice; mere lapses in investigation are not sufficient to warrant a direction for retrial; only if lapses are so grave so as to prejudice, can a retrial be directed; determination of whether a ‘shoddy’ investigation/trial has […]
Read more "Retrial"Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 was analyzed by a Three-Judge Bench in Yashwant Sinha v. CBI, (2020) 2 SCC 338. Two-Judge Bench in State of Telangana v. Managipet, (2019) 19 SCC 87 noted, while Lalita Kumari held a preliminary enquiry was desirable in cases of alleged corruption, that does not […]
Read more "Lalita Kumari III"In light of S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 in addition to asserting Directors are in-charge and responsible for conduct of business, if statutory compliance of Section 141 has been made, it is not open for High Courts to interfere under Section 482, CrPC unless it comes across some unimpeachable, incontrovertible evidence […]
Read more "Section 141, The NI Act II"High Court’s conduct in not furnishing reasons is strongly deprecated. Reliance on Balaji Baliram Mupade v. State of Maharashtra, AIR 2020 SC 5758; Oriental Insurance Co. Ltd. v. Zaixhu Xie, (2020) SCC OnLine SC 1145 and Sudipta Chakrobarty v. Ranaghat S.D. Hospital, AIR 2021 SC 3344 is warranted. + There is no doubt, Public Interest […]
Read more "Crusader’s Jurisprudence / The Revival of Ray LXXIII"Suresh Lohiya v. State of Maharashtra, (1996) 10 SCC 397 struck a ‘discordant note’, drawing a distinction between ‘nature’s gifts’ such as charcoal, mahua flowers or minerals and articles produced with aid of human labour which, according to it, was not included in ‘forest produce’ under The Kerala Forest Act, 1961. Suresh Lohiya did not […]
Read more "Nature’s Gifts"Sessions Court acquitted Methu Meda from charge of kidnapping for ransom. Methu Meda applied for post of Constable in Central Industrial Security Force and got selected through Staff Selection Commission. A mere disclosure of offences alleged and result of trial is not sufficient. In said situation, appointment cannot be compelled. The expression ‘honourable acquittal’ […]
Read more "Suitability of Candidate III / Honourable Acquittal II"Sushil, on 28.07.2011, went to Jodhpur, for business purposes, in one Bolero [Temporary Registration No. PB-11-T-5101 from 20.06.2011 to 19.07.2011]. Sushil stayed at Geeta Guest House and found next morning, his Bolero had been stolen. There is nothing on record to suggest, Sushil had applied for registration or was awaiting registration. Narinder Singh v. New […]
Read more "Contracts of Insurance III"True it is, offences which are ‘non-compoundable’ cannot be compounded by a Criminal Court in purported exercise of its powers under Section 320, CrPC. Any such attempt by Court would amount to alteration, addition and modification of Section 320, CrPC. There is no patent or latent ambiguity in language of Section 320 CrPC, which may […]
Read more "Compoundable II"Union of India v. Shiv Shanker Kesari, (2007) 7 SCC 798 observed, bail may be cancelled if it has been granted without adhering to parameters under Section 37. Given seriousness of offences punishable and in order to curb menace of drug-trafficking, stringent parameters for grant of bail have been prescribed. Union of India v. Prateek […]
Read more "Section 37 of The NDPS Act II"Krishan Pal Singh was appointed as Clerk-cum-Cashier in Allahabad Bank on 23.09.1985 and his service was confirmed on 24.03.1986. During 1989, he was posted in Aurangabad Branch, District Lakhimpur Kheri, Uttar Pradesh. On 08.02.1989, there was a fire accident. Balak Ram, prime accused, was Krishan’s friend. Alleging involvement in incident relating to burning of Allahabad […]
Read more "Compensatory Jurisprudence of Constitutional Courts XII"The employer terminated services on non-disclosure of pending criminal case. B. Chinnam Naidu, (2005) 2 SCC 746 observed, when a candidate suppresses material information and/or gives false information, he cannot claim any right for appointment or continuance in service. Daya Shankar Yadav, (2010) 14 SCC 103 observed, purpose of seeking information with respect to antecedents […]
Read more "Moral Turpitude III"The question has engaged attention since the enactment of IPC. The use of the term ‘likely’ in several places in respect of ‘culpable homicide’, highlights the element of uncertainty. Section 300, which defines ‘murder’, however refrains from use of the term ‘likely’. This reveals absence of ambiguity left. The accused is for sure, his act […]
Read more "Likely"Section 106 constitutes an exception to Section 101 of The Indian Evidence Act, 1872. Shambu Nath Mehra v. State of Ajmer, (1956) 1 SCR 199 has stood the test of time. Thus, Section 106 will apply to those cases where prosecution has succeeded in establishing facts from which a reasonable inference can be drawn regarding […]
Read more "Section 106 of The Indian Evidence Act"Majority of a Constitution Bench in Raghav Prapanna Tripathi v. State Of Uttar Pradesh, AIR 1963 SC 74 held, it would be far-fetched to conclude from mere presence of blood-stained earth that that earth was stained with human blood and that human blood was of victims. Also see, Two-Judge Benches in Kansa Behera v. State […]
Read more "Blood of Human Origin II"The nation continues to wait, and is losing patience. A political party can always give a reason, a candidate with criminal antecedents is found to be more suitable than a person who does not have criminal antecedents. If the political party is of the prima facie opinion, a candidate has been falsely implicated, it can […]
Read more "Monstrosity of Winnability II"Recently, Hon’ble Justice Prathiba M. Singh of Delhi High Court in Sulphur Mills Limited v. Dharmaj Crop Guard Limited, [CS(COMM) 1225/2018 & CC(COMM) 9/2019] said, to argue on basis of submissions made before Commissioner of Customs, there is no novelty or inventive step in Indian Patent Number 282429, would lead to an anomalous situation and […]
Read more "Red Herrings"The confirmation of Death Sentence by High Court was under challenge in Masalti v. State of Uttar Pradesh, AIR 1965 SC 202. Chief Justice Gajendragadkar, speaking for a Four Judge Bench, observed: “It may be conceded, if a point of fact which plainly arises on record, or a point of law which is relevant and […]
Read more "Article 136 and Criminal Appeals IV"We may hasten to clarify, the fact of last seen should not be weighed in isolation or be segregated from other evidence. Courts have to not only consider the factum of last seen, but also have to keep in mind the circumstances that preceded and followed. State appears to be right in relying upon State […]
Read more "Last Seen Theory"
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