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…
Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34
When a part of the evidence produced by the prosecution to bring the accused within the fold of S. 34 is disbelieved, held, the remaining part must be examined with…
Entertainment, Amusement, Leisure and Sports — Films, Cinemas, Videos, Television and Radio — Cinema/Movie Theatres – Rights and Duties of Owners/Management and Patrons/Cinemagoers
The essence of the business model is to provide a fillip to the revenue generated by another arm of the business. This being the case, movie goers are bound by…
Unlawful Activities (Prevention) Act, 1967 — Ss. 39 & 40 and S. 43-D(5) & proviso thereto:
Essential ingredients of offences of supporting and/or raising funds for terrorist organisation under Ss. 39 & 40 and matters to be considered before cancellation of bail in respect of such…
Penal Code, 1860 — S. 411 r/w S. 24 — Receiving stolen property
The inevitable conclusion is that the prosecution has failed to establish that the appellant had the knowledge that articles seized from his possession are stolen goods. In Trimbak vs. State…