The concept of double jeopardy

This appeal raises an interesting legal conundrum involving the laws of the United States of America, hereinafter referred to as ‘the USA’, and the domestic laws as existing in India. At the heart of the controversy is the concept of double jeopardy within the meaning of Article 20(2) of the Constitution of India and Section 300(1) of the Code of Criminal Procedure, hereinafter referred to as ‘the Code’. Continue reading “The concept of double jeopardy”

Meaning of Inherent power of High Court applying criminal Jurisdiction

It is evident that inherent powers can be exercised only to prevent the abuse of the process of the court and to secure the ends of justice. However, powers can be used provided there is no prohibition for passing such an order under the provisions of Code of criminal Procedure. and there is no provision under which the party can seek redressal of its grievance. … Continue reading Meaning of Inherent power of High Court applying criminal Jurisdiction

Use of Article 226 of the Constitution in case of criminal investigation

The High Court can always issue appropriate direction in exercise of its power under Article 226 of the Constitution at the behest of an aggrieved person, if the court is convinced that the power of investigation has been exercised by an Investigating Officer malafide or the matter is not investigated at all. Even in such a case, the High Court cannot direct the police as … Continue reading Use of Article 226 of the Constitution in case of criminal investigation

A charge of corrupt practice is in the nature of a quasi-criminal charge

 It is well-settled legal position that a charge of corrupt practice is in the nature of a quasi-criminal charge, as its consequence is not only to render the election of the returned candidate void but in some cases (as in the instant one) might incur disqualification from contesting even the next election. The evidence led in support of the corrupt practice must therefore, not only be cogent and definite but if the Election petition has to succeed, it must establish definitely and to the satisfaction of the court, the charge of corrupt practice which the defeated candidate levelled against the returned candidate. The onus lies heavily on the election petitioner to establish the charge of corrupt practice and in case of doubt the benefit goes to the returned candidate. Continue reading “A charge of corrupt practice is in the nature of a quasi-criminal charge”

Whether a Magistrate is empowered under Section 156(3) Cr.P.C. to direct the Crime Branch CID to investigate an offence?

The  extract  of Section 156 Cr.P.C.:

“156. Police officer’s power to investigate cognizable cases
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.” Continue reading “Whether a Magistrate is empowered under Section 156(3) Cr.P.C. to direct the Crime Branch CID to investigate an offence?”

Whether findings recorded by the civil court get precedence over the findings recorded by the criminal court.

The criminal court is not competent to decide a dispute of purely civil nature or a question of title involved in any dispute.

Supreme Court in V. M. Shah v. State of Maharashtra, wherein it was observed  that the findings recorded by the criminal court stood superseded by the findings recorded by the civil court and there by the findings of the civil court got precedence over the findings recorded by the criminal court. In our opinion the relevant observation of the Supreme Court in that decision also will have to be understood not in a sense permitting its blanket application in all circumstances but only in the particular sense that responds to the circumstances in which such observation was made. Continue reading “Whether findings recorded by the civil court get precedence over the findings recorded by the criminal court.”

Laws of the Nations

Under Construction Law and Legal updates from 198 Jurisdictions of the World Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic (CAR) Chad Chile China Colombia Comoros Democratic Republic of the Congo Republic of … Continue reading Laws of the Nations

An illegal search does not vitiate the seizure of the article

KEYWORDS:- Cow Slaughter JT 2011 (13) SC 333 : (2011) 13 SCALE 165 (SUPREME COURT OF INDIA) State of Haryana Appellant Versus Rajmal and Another Respondent (Before : Asok Kumar Ganguly and Jagdish Singh Khehar, JJ.) Criminal Appeal No. 2203 of 2011 (Arising out of SLP (Crl.) No. 372/2011) : Decided On: 25-11-2011 Punjab Prohibition of Cow Slaughter Act, 1955—Section 8—Criminal procedure Code, 1973—Section 439—Constitution … Continue reading An illegal search does not vitiate the seizure of the article

How to exercise inherent power by High Court under Section 482 of the Code?

(2011) 13 SCALE 522 (SUPREME COURT OF INDIA) Punjab State Warehousing Corporation Faridkot Appellant Versus Sh. Durga Ji Traders and Others Respondent (Before : D.K. Jain and Anil R. Dave, JJ.) Criminal Appeal No. 2226 of 2011 (Arising out of S.L.P. (Criminal) No. 5305 of 2008) : Decided On: 28-11-2011 ORDER 1. Leave granted. 2. This appeal, by special leave, arises from judgment dated 18th … Continue reading How to exercise inherent power by High Court under Section 482 of the Code?