Held, Insofar as the State of Tamil Nadu is concerned, it is an admitted position that there is no specific enactment and/or Act to deal with land grabbing cases, like Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and the Anti-Land Grabbing Special Cells have been formed by G.O. No. 423 dated 28.07.2011 to exclusively deal with the […]
Constitution of India — Art. 14- use of arbitrary powers Read More »
In this case, deceased allegedly assaulted to death by two appellant-accused herein, father and son, using “tabal” and “axe”. Land dispute between appellants (Appellants 1 and 2) and deceased, was alleged cause of the incident. The High Court upheld conviction of appellants under S. 302 IPC. However, prosecution failed to established case beyond reasonable doubt.
Penal Code, 1860 — S. 302-weak case of prosecution Read More »
No statement made by a person to a police officer in the course of any investigation under Chapter XII of the Cr.P.C., which is reduced to writing, is required to be signed by the person making the statement – Section 180 of the IPC gets attracted only if a statement is refused to be signed
Indian Penal Code, 1860; Section 180 – Code of Criminal Procedure, 1973; Section 162 Read More »
Principles clarified relating to applicability of fundamental principle while dealing with an objection as to lack of territorial jurisdiction to entertain writ petition on the ground that the cause of action has not arisen within its jurisdiction, namely, that High Court essentially has to arrive at a conclusion on the basis of the averments made
Apparently, the bar contained in Section 197 of the Code would not be attracted to the aforesaid facts and circumstances of the present case simply because the police officers had exceeded their authority in proceeding to arrest the accused persons at Criminal Appeal @ S.L.P.(Crl.) No.4517 of 2019 Anuppur which was not within the territorial jurisdiction
In this case, SLP against order of High Court after earlier SLP against same order was withdrawn without any liberty to file a fresh SLP, but with liberty to pursue remedy of review before the High Court. Second SLP was filed challenging dismissal of review as well as dismissal of appeal in High Court. Question
Constitution of India — Art. 136 — Maintainability on SLP Read More »
In this case, held, conviction of all the eight accused persons based on evidence of the sole related eyewitness, held, justified, particularly when there is no vagueness in his testimony with respect to the role ascribed to each one of the accused. Further, A witness being a close relative is not a ground enough to
Penal Code, 1860 — S. 302 r/w Ss. 149, 143, 147 and 504 — Sole related eyewitness Read More »
Principles clarified re cases in which money allegedly misappropriated should be directed to be deposited before the application for anticipatory bail/bail is taken up for final consideration, or as a condition for grant of anticipatory bail/bail. Case Comment: Inclusion of a condition for payment of money by the applicant for bail tends to create an
Review petition re death sentence can be reheard even on procedural objections, including the mode and method of evidentiary proof, as the matter pertains to death sentence. “Normally in a criminal proceeding, review applications cannot be entertained except on the ground of error apparent on the face of the record. Further, the power given to
The aforesaid provision is founded on the maxim, actus non reum facit nisi mens sit rea, i.e., an act does not constitute guilt unless done with a guilty intention. It is a fundamental principle of criminal law that there has to be an element of mens rea in forming guilt with intention. A person of
Penal Code, 1860 — S. 84 — Unsoundness of mind Read More »
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