Criminal Procedure Code, 1973 — S. 102
Condition imposed for release of seized funds subject to bank guarantee equivalent to amount is invalid when accused not connected with the Company entitled to such funds and also discharged…
Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay
Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The…
Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused:
Ingredients, scope and powers bestowed on court under S. 319, explained. It is, thus, manifested from a conjoint reading of the cited decisions that power of summoning under Section 319…
Debt, Financial and Monetary Laws — Debt, Debt Recovery and Relief — Debt/Debtor/Loan/Liability
Payment or refund or discharge of liability effected vide banker’s cheque, or pay order, or demand draft, or any instrument where payment is effected through the bank, when complete, and…
Penal Code, 1860 — S. 302 or S. 304-A r/w S. 80
Altercation between police officials in reporting room in police station resulting in accidental firing by service weapon, which caused death of one of them, murder, or, causing death by negligence,…
Criminal Law — Criminal Trial — Sentence — Principles for sentencing
Proportionality/Balancing of Aggravating and Mitigating Circumstances: Principle of proportionality should guide sentencing process. All the accused were found concurrently guilty under Section 148 IPC; they were armed with different kinds…
Criminal Procedure Code, 1973 — S. 438 — Grant of Anticipatory bail
Factors and parameters that need to be kept in mind by court, summarized. While the right to liberty and presumption of innocence are vital, the court must also consider the…
Constitution of India — Art. 137 — Power of review
A power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC. An error…
Constitution of India — Arts. 161 to 163 — Scheme
Governor in exercise of powers under Art. 161, held, is bound by advice of State Cabinet in matters relating to commutation and remission of sentences. The Appellant was 19 years…
Negotiable Instruments Act, 1881— S. 138 and S. 56 r/w S. 15 — Loan transaction — Issuance of cheque as security — Effect of part-payment of debt prior to presentation of cheque for encashment
Held, For attracting S. 138, as per proviso (b) a demand notice demanding the “the said amount of money” needs to be made by the drawee of the cheque (Para…