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Criminal Law Judgments and Orders

Appeal against conviction

 08 May 2010

Indian Penal Code, 1860, s. 302 - Appeal against conviction and sentence of life imprisonment - Held, it becomes clear that the appellant is responsible for causing the death of the deceased. However, the application of Section 304 Part II IPC would ..

Posted in Criminal Law |   1644 hits

Appeal against acquittal

 08 May 2010

dian Penal Code, s. 302 - Trial Court convicted the accused - High Court recorded acquittal - Appeal against - Held, The respondent is sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code...

Posted in Criminal Law |   1987 hits

#)@ IPC

 06 May 2010

Indian Penal Code, 1860 — section 302 - conviction under by Additional Session Judge - appeal - dismissal by High Court appeal - there is strong circumstantial evidence that they were caused by the accused - this circumstantial evidence is sufficie..

Posted in Criminal Law |   2069 hits

Special Leave Petition is directed against the judgment and order of the Indore Bench

 04 May 2010

Special Leave Petition (Crl.) No.6276 of 2007, is directed against the judgment and order of the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.898 of 1997, challenging the judgment and order of conviction passed by the Addl. Ses..

Posted in Criminal Law |   2977 hits

Various complaints filed against the appellant

 04 May 2010

The appellant is a well known actress who has approached this Court to seek quashing of criminal proceedings pending against her. As many as 23 Criminal Complaints were filed against her, mostly in the State of Tamil Nadu, for the offences contemplat..

Posted in Criminal Law |   1711 hits

C. Magesh & Ors. etc. Versus State of Karnataka

 04 May 2010

. Narration of facts of the aforesaid criminal appeals arising out of common judgment and order passed by High court of Karnataka, Bangalore, in three criminal appeals, one preferred by convicted accused, other two by State of Karnataka, would reveal..

Posted in Criminal Law |   1276 hits

Shiefting venue of trial is not transfer of case

 03 May 2010

Criminal - Shifting venue of Trial - Whether shift as in the present case means "transfer" as contemplated in Section 407 of the Code of Criminal Procedure, 1973 ? Criminal - Conduction of Trial inside the jail premises - Violation of Articles 1..

Posted in Criminal Law |   1330 hits

State Govt. cannot file Appeal against Special Judge CBI

 03 May 2010

Criminal - Competence of State to file an Appeal - Scope of - Section 378, 378(1) and 378(2) of Code of Criminal Procedure, 1973 - Whether the State Government has competence to file an appeal from the judgment passed by Special Judge, CBI acquitting..

Posted in Criminal Law |   1453 hits

Delay in recording statement of witnesses is not helpful for accused

 03 May 2010

Order of Acquittal - Reversal thereof by High Court in Appeal - Challenge against thereto - High Court while reversing order of acquittal passed by the Trial Court convicted Appellant under Sections 302, 201, 120B of the Indian Penal Code, 1860 and S..

Posted in Criminal Law |   1797 hits

Art. 226 is not meant for seeking direction for FIR

 01 May 2010

Criminal - Sections 36, 41, 154, 155, 156, 190, 200 and 482 of Criminal Procedure Code - Respondent has refused to register a complaint and thereafter the case was filed in Court - Respondent did not proceed in the case despite there being Court dire..

Posted in Criminal Law |   2484 hits

Ramkrishna Urban Cooperative Vs Shri Rajendra Bhagchand Warm

 26 April 2010

Present applicant has filed private complaint alleging that the complainant is a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960. It is doing banking business. The respondent for his business had taken loan of Rs...

Posted in Criminal Law |   2107 hits

Trial inside Jail is not violative of sectin 327 Cr. P. C.

 21 April 2010

Criminal - Right to Trial in open Court - Section 327 of Code of Criminal Procedure 1973, (Cr.P.C.) - Whether the decision of the High Court to hold trial of the Appellant in Jail violative of Section 327 of the Cr.P.C. ? ..

Posted in Criminal Law |   2037 hits

Trial Inside Jail is not against section 465 Cr. PC

 21 April 2010

Criminal - Shifting of Venue of Trial - Section 465 of Code of Criminal Procedure, 1973 - Whether the notification empowering a Sessions Court to hold trial inside the jail is outside the purview of Section 465 of the Code ? ..

Posted in Criminal Law |   1820 hits

Jessica Lal - Manu Sharma - SC Judgment

 21 April 2010

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Posted in Criminal Law |   7088 hits

Domestic Violance cannot be established after a long gap

 20 April 2010

Criminal - Economic abuse as Domestic Violence - Validity of - Sections3, 12, 19, 20 and 27 Protection of Women from Domestic Violence Act, 2005 - Complaint filed by Respondents after 15 years Respondents on ground of cruelty and desertion since last..

Posted in Criminal Law |   2185 hits

In Lat Seen Cases Cedible Explanation from Accused is Must

 02 April 2010

Law of last seen evidence - Conviction on charge of Murder - Appeal against conviction on the ground of insufficient circumstantial evidence ..

Posted in Criminal Law |   1473 hits

Order of Settlement Commission if not chellenged becomes fin

 01 April 2010

Customs - Judicial proceedings- Appeal against the Order of Settlement Commissioner - Respondent's CHA licence was suspended by Commissioner on the ground that the power of attorney holder was involved in a mis-declaration of goods imported case - Se..

Posted in Criminal Law |   2811 hits

Circumstantial Evidence is Required to Proved beyond doubt

 01 April 2010

Criminal - Murder - Conviction based on Circumstantial evidence - Section 302 of Indian Penal Code, 1860 (IPC) - Accused charged for the murder of his in-laws and convicted thereof - Both Trial Court and High Court relying on the circumstantial evide..

Posted in Criminal Law |   2542 hits

Mediation before arrest in DV/matrimonial cases

 17 March 2010

"when a complainant approaches the police station or the concerned lower courts, with complaints about harassment, or violence against the wife, by the husband and in-laws, except in cases of extremely grave nature or in cases of serious violence and..

Posted in Criminal Law |   4561 hits

statutory presumptions arising are required to be rebutted b

 11 March 2010

Criminal - Offence of dishonour of cheque - Statutory presumptions available to Complainant - Rebuttal thereof by Accused - Section 138 and Section 139 of Negotiable Instruments Act, 1881 - Appellant-Complainant challenged order of Trial Court acquit..

Posted in Criminal Law |   1256 hits