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Criminal Law Judgments and Orders

Breach of terms of contract cannot be termed as breach of trust

 08 October 2010

Discharge from Service - Voluntary Suppression Scheme - Sections 420 and 406 of Indian Penal Code, 1860 (IPC) - Whether the allegations in the complaint make out a case of criminal breach of trust, as defined in Section 405 of the IPC against the App..

Posted in Criminal Law |   2202 hits

Section 20 of the Prevention of Corruption Act, 1988

 08 October 2010

PW-1 Sudarshan and PW-2 Bhargave, two brothers, were running the Varsha Provision Store, Bijapur situated near the Government Maternity Hospital since the year 1989 after having obtained a license in the name of PW-2. The accusedappellant Narayana wh..

Posted in Criminal Law |   3736 hits

Sections 302 and 307 of the Indian Penal Code, 1860

 30 September 2010

The facts and circumstances giving rise to this case are that an FIR was lodged on 27.4.2000 at 6.40 P.M. with Police Station, Rudrapur, by complainant Ajit Singh (PW.1) alleging that his grand father Hardayal Singh had given certain shares in his im..

Posted in Criminal Law |   3447 hits

Sections 148, 302, 323, 324, 325 read with Section 34 Indian Penal Code

 30 September 2010

These appeals are directed against the common judgment and final order dated 01.05.2001 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 647 and 657 of 2000 and Criminal Revision Petition No. 475 of 2000 whereby the ..

Posted in Criminal Law |   8777 hits

Section 3(2) of the National Security Act, 1980

 30 September 2010

Individual liberty is a cherished right, one of the most valuable Fundamental Rights guaranteed by the Constitution to the citizens of this Country. On “liberty”, William Shakespeare, the great play writer, has observed that “a man is master of his l..

Posted in Criminal Law |   2727 hits

Section 482 of the Code of Criminal Procedure, 1973

 28 September 2010

These appeals, by special leave, arise out of the judgment and order dated 28th February 2007, delivered by the High Court of Calcutta in CRR No.2898 of 2004 in a common petition filed by the two appellants herein and one Mr. A.K. Mukherjee, who is n..

Posted in Criminal Law 1 comments |   3282 hits

Death Sentence Justified in Rarest Among Rare Cases

 27 September 2010

Award of death sentence - Offence committed punishable under Sections 302, 307 and 436 of Indian Penal Code, 1860 - Order of conviction based on dying declaration and other substantive evidence - Sustainability thereof under challenge - Whether insta..

Posted in Criminal Law |   2689 hits

Section 109 read with Sections 147, 148, 149, 153A, 295, 302, 395, 427, 435, 339 and 505 IPC

 25 September 2010

This appeal is directed against the order of the High Court of Delhi at New Delhi dated 19.07.2010 whereby the learned single Judge confirmed the order dated 15.05.2010 passed by the District Judge-VII/NE-cum- Additional Sessions Judge, Karkardooma C..

Posted in Criminal Law |   2729 hits

A girlfriend or even a concubine is not a "relative" and cannot be prosecuted u/s. 498A IPC

 24 September 2010

A girlfriend or even a concubine is not a "relative" of the husband and cannot be prosecuted u/s. 498A IPC..

Posted in Criminal Law |   2506 hits

Sections 147, 148, 307 read with 149, IPC

 21 September 2010

This appeal by special leave is directed against the final judgment and order dated 2nd December, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4703 of 2004 whereby the Hon’ble High Court dismissed the appeal preferr..

Posted in Criminal Law |   5761 hits

Sections 302, 307 and 436, IPC

 21 September 2010

The incident in this case had taken place on 30.6.1989 in village Mahargheti, Patwari Circle Dangoli in the newly formed District Bageshwar (which was part of District Almora at the time of incident). In this ghastly incident, Pratap Singh, his wife ..

Posted in Criminal Law |   2283 hits

Jurisdiction of Criminal Courts - Extradition offence

 20 September 2010

As long as the facts that have been submitted before the requested State prima facie show the guilt of the extraditee in a foreseeable and logically consistent way, the said person can be tried on all such counts that can be conclusively proved again..

Posted in Criminal Law |   3901 hits

The Trial of Casement

 20 September 2010

The trial of Sir Roger Casement took place in 1917 during the First World War. It raised a new point. The guilty act had been committed – not in England – but by Casement in Germany. Was that High Treason?..

Posted in Criminal Law |   3751 hits

It can be presumed in NDPS that traveling accused might be having substance

 20 September 2010

Possession of contraband substance - Trial Court convicted Appellants under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay fine - High ..

Posted in Criminal Law |   1610 hits

furlough leave cannot be denied to prison on the ground of local solvant surity

 20 September 2010

Application for furlough leave - Rejected on the ground of local surety - Appeal against thereto - Whether the condition specified in Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety with..

Posted in Criminal Law |   2027 hits

People with privilege and power must be conscious of their prestige

 20 September 2010

Application for release of the Petitioner on probation - Rejection thereto - Petitioner Convicted under section 354 Indian Penal Code , 1860 applied for probation which was rejected by Trial Court - Hence this appeal - Whether the Petitioner was e..

Posted in Criminal Law |   1230 hits

Sections 302/34 of the Indian Penal Code, 1860

 20 September 2010

Facts and circumstances giving rise to these appeals are that on 16.8.1994 at about 7.50 p.m., F.I.R. No.1/1994 under Sections 302, 147, 148, 149 and 307 IPC was lodged at Police Station Mandai Chowk Sarangpur, Madhya Pradesh, according to which 17 a..

Posted in Criminal Law |   6042 hits

Section 302/34 Indian Penal Code

 20 September 2010

The case of the prosecution is that, on 07.06.1997 at about 5.00 P.M. the deceased Fanilal Das was returning home on a rickshaw driven by Manilal Das (PW2). The deceased stopped the rickshaw near Shiva temple and after offering his prayer, he came ba..

Posted in Criminal Law |   2105 hits

Sections 302, 291/34 IPC and Section 27 of the Arms Act

 13 September 2010

On 17th February, 2000, one Vijay Singh, brother of Bharat Singh (deceased) and Damodar Singh, who was an independent candidate in the elections to the Bihar Assembly, lodged a First Information Report with Maharajganj Police Station which was record..

Posted in Criminal Law |   3063 hits

National Small Industries Corp. Ltd. .... Appellant (s) Versus Harmeet Singh Paintal & Anr. .... Res

 11 September 2010

Other directors not liable in Cheque Bouncing..

Posted in Criminal Law |   1543 hits