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Criminal Law Articles


An Analysis Of Section 138 Of The Negotiable Instruments Act

  G. ARAVINTHAN   22 June 2009 at 14:17

Advent of cheques in the market have given a new dimension to the commercial and corporate world, its time when people have preferred to carry and execute a small piece of paper called Cheque than carrying the currency worth the value of cheque. Dea ..


Posted in Criminal Law |   2573 Views


Standard of proof u/s 304B vis a vis 306, IPC

  Swami Sadashiva Brahmendra Sar   18 June 2009 at 11:44

Relevant provisions of the Evidence Act are as under:"113-A. Presumption as to abetment of suicide by a married woman.- When the question is whether the commission of suicide by a woman had been abetment by her husband or any relative of her h ..


Posted in Criminal Law |   2635 Views


clerical and arithmetical error

  Swami Sadashiva Brahmendra Sar   14 June 2009 at 08:48

Section 362 Cr. P.C. clearly bars the court to alter or review its judgment or final order except to correct a clerical or arithmetical error. What is clerical or arithmetical error has been explained by Hon'ble Apex Court in the case of 'Master Cons ..


Posted in Criminal Law |   6160 Views


Remedy in absence of review power

  Swami Sadashiva Brahmendra Sar   11 June 2009 at 23:40

Criminal courts have no inherent powers as compared to civil courts which has been conferred to set aside ex parte judgment or order and to review its own order under the provisions of C.P.C. There is no such corresponding provision in the Cr.P.C. O ..


Posted in Criminal Law |   2239 Views


Further cross examination - only on specified question

  Swami Sadashiva Brahmendra Sar   11 June 2009 at 18:05

In Criminal Misc. Application no. 4214 of 2007 Khalid Ahmad Khan v. State of U.P. and another an application was moved by new counsel for recalling P.W.1 Khalid Ahmad Khan for further cross examination on the ground that on the date whe ..


Posted in Criminal Law |   2336 Views


Guidelines to be followed in Trail of Rape Cases

  G. ARAVINTHAN   10 June 2009 at 08:29

In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted. The Advocates ..


Posted in Criminal Law |   1019 Views


Interim bail

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

In a recent decision of the Supreme Court dated 23.3.09 in Criminal Appeal No. 538 of 2009, Lal Kamlendra Pratap Singh v. State of U.P., which has been directed to be circulated in the High Court and in subordinate Courts in U.P. it has been observed ..


Posted in Criminal Law |   1638 Views


Motive alone is not sufficient to convict

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

In criminal trial, the motive alone is not sufficient to convict any person for committing the offence, unless there is presumption of law for convicting the accused on the basis of motive. In the entire Evidence Act or any other statute, there is no ..


Posted in Criminal Law |   1447 Views


No fine can be imposed under s 304 B IPC

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

In Crl. Appeal No. 4763 of 2008 Dinesh Vs. State of U.P. decided on13.02.2009 , Hon'ble Shiv Charanand Hon'ble Vijay Kumar Verma, JJ. observerved that : "We are surprised to see that the learned trial Judge has imposed fine also on the accused p ..


Posted in Criminal Law |   1114 Views


s. 156 (3) CrPC- Prospective accused has no standing

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

Prospective accused can not challenge the order passed by the Magistrate under section 156(3) Cr.P.C. allowing the application and directing investigation by the police. This verdict has been passed by hon Vijay Kumar Verma,,J. in Crl. Revision No. 6 ..


Posted in Criminal Law |   3413 Views