Criminal

Union of India Vs. Leen Martin & ANR.[SC 2018 February]

KEYWORDS:- NDPS-statement of official witness-ACQUITTAL - DATE :- February 01, 2018 When the statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and pass conviction order against the accused. ACTS:-  Under sections 8(c), punishable under Section 20(b)(ii) (c) and under Section 28 read with Section 23… Continue reading Union of India Vs. Leen Martin & ANR.[SC 2018 February]

Criminal

Vicarious liability under Section 149 Indian Penal Code [ Indian Law Encyclopedia]

Supreme Court in Joseph Vs. State of Tamil Nadu [SC 2017 December] observed  The requirements for invoking the vicarious liability under Section 149 IPC. Section 149 IPC consists of two parts: The first part of the section means that there exists common object and that the offence has been committed in prosecution of the common object. In… Continue reading Vicarious liability under Section 149 Indian Penal Code [ Indian Law Encyclopedia]

Criminal

Joseph Vs. State of Tamil Nadu [SC 2017 December]

KEYWORDS:- Murder-vicarious liability under Section 149 IPC- Acquitted- DATE:- December 14, 2017 Whether the members of the unlawful assembly really had the common object to cause the murder of the deceased has to be decided in the facts and circumstances of each case, nature of weapons used by such members, the manner and sequence of attack… Continue reading Joseph Vs. State of Tamil Nadu [SC 2017 December]

Criminal

Madan Mohan Vs. State of Rajasthan & Ors.[SC 2017 December]

KEYWORDS:-  DE FACTO COMPLAINANT -SESSIONS JUDGE ALLOWED APPLICATION U/S 193 Cr.P.C DATE : December 14, 2017 The De-Facto complainant  filed an application under Section 193 of the Code in the Sessions Trial complaining therein that the names of respondent Nos.2 and 3 - Ashish Meena and Vimal Meena though figured prominently in all the material documents… Continue reading Madan Mohan Vs. State of Rajasthan & Ors.[SC 2017 December]

Criminal

Mst. Anusuiya @ Saraswatibai & ANR. Vs. State of Madhya Pradesh[SC 2018 JANUARY]

KEYWORDS :- DOWRY DEATH- DATE:- when an unnatural death of the married woman takes place within seven years of  her marriage then a presumption, as envisaged in Section 113-A of the Evidence Act,1972 against the husband and his relatives is made out. There is no appeal filed by the State for enhancement of the period… Continue reading Mst. Anusuiya @ Saraswatibai & ANR. Vs. State of Madhya Pradesh[SC 2018 JANUARY]

Criminal

Subhash Chander Bansal Vs. Gian Chand and Ors.[SC 2018 JANUARY]

KEYWORDS:-  ATTEMPT TO MURDER - GRIEVOUS HURT- DATE:- January 25, 2018- "no case was made out under Section 307 IPC, but it was essentially a case of a "grievous hurt" falling under Section 325 IPC". ACTS:- Sections 307/325/148/149 of the Indian Penal Code,1908 SUPREME COURT OF INDIA Subhash Chander Bansal Vs. Gian Chand and Ors. [Criminal… Continue reading Subhash Chander Bansal Vs. Gian Chand and Ors.[SC 2018 JANUARY]

Criminal

West Bengal Victim Compensation Scheme

"Victim" means a person who himself has suffered loss or injury as a result of crime and requires rehabilitation and includes dependent.  Sec 4 Eligibility Criteria 4. A victim of acid attack and sexual offences including rape and human trafficking shall be Compensation eligible for the grant of compensation if :— (a) a recommendation is made… Continue reading West Bengal Victim Compensation Scheme

Criminal

The West Bengal Criminal Law Amendment (Special Courts) Act, 1949

West Bengal Act 21 of 1949 [23rd June, 1949.] An Act to provide for the more speedy trial and more effective punishment of certain offences. [Whereas it is expedient in the public interest to provide for the speedy trial of the offences specified in the Schedule;]It is hereby enacted as follows:- 1. Short title. - This… Continue reading The West Bengal Criminal Law Amendment (Special Courts) Act, 1949

CIVIL, Criminal

The Unlawful Activities (Prevention) Act, 1967

KEYWORDS : TERRORIST CENTRAL ACT The Unlawful Activities (Prevention) Act, 1967 (37 of 1967) An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations, [and for dealing with terrorist activities,] and for matters connected therewith. [Whereas the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373… Continue reading The Unlawful Activities (Prevention) Act, 1967

Criminal

Lachhman Dass Vs. Resham Chand Kaler and Anr[ SC 2018 January]

KEYWORDS :- regular bail-Challenging the order granting Bail- DATE:- JANUARY 23, 2018- The difference between the cancellation of the bail and a legal challenge to an order granting bail for non-consideration of material available on record is a settled proposition. A  VDO CD was produced along with the petition to peruse the Case before SC ACTS:- Sections 302,… Continue reading Lachhman Dass Vs. Resham Chand Kaler and Anr[ SC 2018 January]

Criminal, MURDER

Atul Thakur Vs. State of Himachal Pradesh etc [SC 2018 JANUARY]

KEYWORDS:-MURDER-The number of wounds caused by the appellant, it is a well established position, by itself cannot be a decisive factor. DATE:- January 19, 2018. Thus, it is a case of homicidal death. However, there is no evidence that the injuries inflicted by the appellant were with an intention to cause the murder of Hitesh Thakur.… Continue reading Atul Thakur Vs. State of Himachal Pradesh etc [SC 2018 JANUARY]

CIVIL, Criminal

Upendra Sharma Vs. State of Bihar & ANR.[SC 2018 JANUARY]

KEYWORDS:- BAIL-Cancellation of the regular bail- DATE : JANUARY 10, 2018 High Court can not competent to issue non-bailable warrant in response of cancellation of regular bail granted by the Trial Court. Upendra Sharma Vs. State of Bihar & ANR. [Criminal Appeal No.57/2018 arising From SLP (C) No.277 of 2016] KURIAN, J. 1. Leave granted. 2.… Continue reading Upendra Sharma Vs. State of Bihar & ANR.[SC 2018 JANUARY]

Criminal

Subal Ghorai & Ors. Vs. State of West Bengal [SC 2013 APRIL]

KEYWORDS:-MURDER-Interested witness-Common object- DATE: APRIL 2, 2013 Absence of names of accused in the FIR in the abovementioned facts, lead Court to give them benefit of doubt. In any case, the omissions are minor omissions pertaining to non-mentioning of weapons carried by the accused or not referring to the parts of the bodies of the deceased on… Continue reading Subal Ghorai & Ors. Vs. State of West Bengal [SC 2013 APRIL]

Criminal

Chandru S vs The State By Malleshwaram P.S [Karnataka 2017 December]

KEYWORDS:-Customers in brothel house are not offenders- DATE : 7 December, 2017- Customer virtually encourages prostitution, but in the absence of any specific penal provision, it cannot be said that he is liable for any prosecution for the above said offences. According to Section 13 of the Act, only the officer who is of the… Continue reading Chandru S vs The State By Malleshwaram P.S [Karnataka 2017 December]

Criminal

Interpretation of Criminal Statutes

Stare decisis is a maxim among ... lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind. — Jonathan Swift, Gulliver’s Travels. "WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY… Continue reading Interpretation of Criminal Statutes

Criminal

State of Himachal Pradesh Vs. Raj Kumar [SC 2018 JANUARY ]

KEYWORDS:-CONVICTION RESTORED- DATE:-January 8, 2018- Prosecution case is based on circumstantial evidence. It is well settled that in a case based on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn must be cogently and frmly established and that those circumstances must be conclusive in nature unerringly pointing towards… Continue reading State of Himachal Pradesh Vs. Raj Kumar [SC 2018 JANUARY ]

Criminal

Union Territory, Chandigarh Administration and Ors. Vs. Pradeep Kumar and Another [SC 2018 JANUARY]

KEYWORDS:-STANDAR OF PROOF- DATE:-January 08, 2018- While the standard of proof in a criminal case is the proof beyond all reasonable doubt, the proof in a departmental proceeding is preponderance of probabilities. Quite often criminal cases end in acquittal because witnesses turn hostile. Such acquittals are not acquittals on merit. An acquittal based on benefit… Continue reading Union Territory, Chandigarh Administration and Ors. Vs. Pradeep Kumar and Another [SC 2018 JANUARY]

Criminal

Dineshbhai Chandubhai Patel Vs. State of Gujarat & Ors.[SC 2018 JANUARY]

KEYWORDS:-INHERENT POWER OF HIGH COURT- DATE:-January 5, 2018- Once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code. The… Continue reading Dineshbhai Chandubhai Patel Vs. State of Gujarat & Ors.[SC 2018 JANUARY]

Criminal

Leena Vivek Masal Vs. State of Maharashtra & ANR.[SC 2018 January]

KEYWORDS:-issuing process-Article 136 - DATED:-January 5, 2018- The order issuing process against the appellants being purely interim in nature having been passed in exercise of its discretionary powers finding prima facie case to entertain the complaint filed by respondent No. 2, cannot be interfered with in our appellate jurisdiction under Article 136 of the Constitution.… Continue reading Leena Vivek Masal Vs. State of Maharashtra & ANR.[SC 2018 January]

CIVIL, Criminal

Hamant Yashwant Dhage Vs. State of Maharashtra and Others [SC 2016 FEBRUARY]

KEYWORDS:-INVESTIGATION TO BE COMPLETED WITHIN TIME FRAME MANNER -DIRECTION BY MAGISTRATE- Registration of an F.I.R. involves only the process of recording the substance of information relating to commission of any cognizable offence in a book kept by the officer incharge of the concerned police station. The police should conduct a thorough investigation and complete the… Continue reading Hamant Yashwant Dhage Vs. State of Maharashtra and Others [SC 2016 FEBRUARY]