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Criminal Law Judgments and Orders

Appellate Court Re=appreciate Entire Evidence

 06 March 2010

Criminal - Appeal against acquittal - Review of evidence - Power of Appellate Court thereof - Sections 378 and 386 of the Criminal Procedure Code, 1973 ..

Posted in Criminal Law |   1590 hits

Courts Cannot be Intimidated

 06 March 2010

Contempt of Court - Contemnor Advocate interfering in judicial process and scandalizing Judicial Officer - Reference by lower court to High Court - Exercise of Jurisdiction by High Court - Section 2(c) of the contempt of Court Act, 1971 and Article 2..

Posted in Criminal Law |   1154 hits

Medical negligence is to be proved by Complainant-SC

 23 February 2010

A complaint was filed against medical practitioner stating therein that he is negligible in his treatment. The matter went upto National Consumer commission wherein it was held that the medical practitioner is not negligible and then appeal was filed..

Posted in Criminal Law |   1579 hits

very interesting in 138

 17 February 2010

..

Posted in Criminal Law |   1871 hits

Test of Proof cannot be applied against accused at par

 12 February 2010

The appellant along with Accused No.1 was tried for offences under Section 120B of IPC read with Section 7 and 13 (2) read with 13(1) (d) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the said Act") by Special Judge (SPE/CBI)-I,..

Posted in Criminal Law |   1865 hits

Onus under section 306 is not as heavy as under section 304B

 12 February 2010

This appeal has been filed by the accused who stands convicted for offences punishable under Section 306 of Indian Penal Code and Section 4 of the Dowry Prohibition Act 1961 and sentenced to imprisonment for 5 years and 6 months R.I. 2 respectively ..

Posted in Criminal Law 1 comments |   2347 hits

High Court of Australia overturns NSW safety laws

 10 February 2010

In a landmark judgment, the High Court of Australia has overturned a long standing line of authority on the scope of the duty of care under New South Wales OHS legislation. The case has brought New South Wales more into line with other Australian jur..

Posted in Criminal Law |   1503 hits

CBI can take action against former Cong MP M K Subba: SC

 13 January 2010

A foreign National Subba got elected from Assam for Indian Parliament and remained availing all facilities of a MP on congress ticket for many years. This is a clear cheating with Constitution of India. Can we allow foreign Nationals to come and rule..

Posted in Criminal Law |   1989 hits

Nuisanace

 02 January 2010

Keeping large number of dogs, without obtaining license for commercial purposes and also caused noise pollution and hazardous atmosphere in the residential area..

Posted in Criminal Law |   2668 hits

Interested Witness

 19 December 2009

Interested witness is one who is interested in securing conviction of a person out of vengeance or enmity or due to disputes relating to the properties..

Posted in Criminal Law |   6983 hits

Permission under section 155 (2) Cr.P.C

 25 October 2009

Permission under section 155 (2) Cr.P.C. can be granted by the magistrate on the application of complainant or other aggrieved person also.......

Posted in Criminal Law |   19972 hits

156 (3) Cr.P.C.-Rape allegation against father-in-law

 25 October 2009

156 (3) Cr.P.C.-Rape allegation against father-in-law-no reason not to direct registration of FIR-order quashed-matter remanded......

Posted in Criminal Law 4 comments |   6671 hits

PRESUMTION REBUTAL -NI ACT SEC 138,139 AND 142

 16 October 2009

It is now well settled when two views are possible, the High Court while exercising its appellate power against a judgment of acquittal, shall not ordinarily interfere therewith. [See V. Venkata Subbarao v. State represented by Inspector of Police..

Posted in Criminal Law 1 comments |   3829 hits

EVIDENCE ACT 134-LAND MARK SC JUDGMENT

 16 October 2009

Coming to the question whether on the basis of a solitary evidence conviction can be maintained, a bare reference to Section 134 of the Evidence Act, 1872 (in short \023the Evidence Act\024) would suffice. The provision clearly states that no par..

Posted in Criminal Law |   6084 hits

ANTI CORRUPTION TRAP CASE SC JUDGEMENT

 14 October 2009

BURDEN OF PROOF..

Posted in Criminal Law 1 comments |   16823 hits

498 A QUASH

 28 September 2009

(i) A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case alleged against the accused. For..

Posted in Criminal Law |   3281 hits

SHRI D.K. BASU v State of West Bengal

 26 September 2009

CONSTITUTION - ARTICLE 21 & 22 - CUSTODIAL DEATH - CUSTODIAL VIOLENCE - Power of Arrest - Requirements of - Whether monetary compensation should be awarded for established infringement of fundamental rights guaranteed by Articles 21 & 22 - Held, Cour..

Posted in Criminal Law |   2855 hits

NI ACT 138 CASES

 26 September 2009

IMPORTANT CASE LAWS ON THE NEGOTIABLE INSTRUMENTS ACT - SEC.138 CASES...

Posted in Criminal Law 3 comments |   46875 hits

capital punishment

 18 September 2009

Death punishment - Rarest of rare case - principls and case law discussed..

Posted in Criminal Law |   2764 hits

application by a third person u/s 155(2) Cr.P.C.

 18 September 2009

Permission under s. 155(2)of Cr.P.C.can be granted by the Magistrate on the basis of the application moved by the complainant or any other aggrieved person..

Posted in Criminal Law |   2545 hits