Section 141 – Impleadment of all Directors of an Accused Company on the basis of a statement that they are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act – Specific averments have to be […]
Payment to a person other than holder/holder in due course, when does not amount to a valid discharge, explained. When the appellant signed the original Kisan Vikas Patra on back side and handed over to the agent of Post office, she also took pass book of MIS. Subsequently it was discovered that KVPs were encashed
Based on the principles on discharge under Section 227 of the Cr.P.C, in Dipakbhai Jagdishchandra Patel v. State of Gujarat (2019) 16 SCC 547, this Court recapitulated “…23. … All that is required is, the court must be satisfied that with the materials available, a case is made out for the accused to stand trial… Strong suspicion must be the
The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 – Any dereliction on their part has to be brought to the notice of the higher authorities by the
the prosecution has failed to prove that the complainant and the deceased were carrying Rs.5 lakhs cash in the dicky of the scooter and it was the very looted amount which was recovered from the accused, the accused cannot be convicted on the basis of recovery of some cash. It is required to be considered
S. 392 — Robbery with murder Read More »
Admissibility under S 27, held, is relatable to information pertaining to a fact discovered in consequence of information received from a person in custody, accused of an offence- thus, it incorporates the theory of “confirmation by subsequent facts” facilitating a link to the chain of events. It is therefore for the prosecution to prove that
S. 27 r/w Ss. 24 to 26 — Recovery evidence Read More »
During the course of the investigation, statement of eyewitness – Narender has been recorded. In his statement under Section 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the coaccused Shekhar caused the injury on the neck of the deceased. In the FIR, the
When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in Rules 12(3)(a)(i), (ii) and (iii) of the JJ Rules, 2007 made under the JJ Act, 2000, or, the documents mentioned in S. 94(2) of the
In this case, appellant-accused herein after sprinkling chilli powder into eyes of deceased, stabbed him with knife on his chest and abdomen, resulting in grievous injuries to him, leading to his death in hospital. Deceased was attacked in broad day light. There is ample ocular evidence corroborated by medical evidence and mere non recovery of
S. 302 — Murder trial Read More »
Principles regarding interference with conviction in revisional jurisdiction in the case of cheating and misappropriation, when permissible. Section 397 CrPC vests jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of
Ss. 409 and 420 r/w S. 120-B — Revisional Jurisdiction in Cheating and misappropriation Read More »
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