CRIMINAL REVISION – Advocatetanmoy Law Library

Madhu Limaye Vs State of Maharashtra-31/10/1977

Posted by Advocatetanmoyon March 3, 2021in Supreme Court Judgments

By a rule of harmonious construction, we think that the bar in sub-s. (2) of S. 397 is not meant to be attracted to such kinds of intermediate orders. They may not be final orders for the purposes of Art. 134 of the Constitution, yet it would not be correct to characterise them as merely interlocutory orders within the meaning of S. 397 (2). It is neither advisable, nor possible, to make a catalogue of orders to demonstrate which kinds of orders would be merely, purely or simply interlocutory and which kinds of orders would be final, and then to prepare an exhaustive list of those types of orders which will fall in between the two. The first two kinds are well known and can be culled out from many decided cases. We may, however, indicate that the type of order with which we are concerned in this case, even though it may not be final in one sense, is surely not interlocutory so as to attract the bar of sub-sec. (2) of S. 397. In our opinion it must be taken to be an order of the type falling in the middle course.

Whether criminal revision filed in a police case by private person in HC is maintainable?

Posted by Advocatetanmoyon October 26, 2020October 26, 2020in Criminal

Pakalapati Narayana Gajapathi Raju and others Vs Bonapalli Peda Appadu and another- Section 439 has been interpreted in several decisions of this Court which have taken the view that the revisional jurisdiction, when invoked by a private complainant against an order of acquittal,…

Explain Revisional Power of High Court u/s 401 of Cr.P.C

Posted by Advocatetanmoyon October 26, 2020October 26, 2020in Criminal

Sec- 401- High Court’s Powers of Criminal Revision (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion,…

BHAWNA BAI VS GHANSHYAM AND OTHERS- 03/12/2019

Posted by Advocatetanmoyon December 5, 2019December 6, 2019in MURDER, Supreme Court Judgments

For framing the charges under Section 228 Crl.P.C., the judge is not required to record detailed reasons. As pointed out earlier, at the stage of framing the charge, the court is not required to hold an elaborate enquiry; only prima facie case is to be seen.

Defacto complainant can file revision once the application for Police Remand has been rejected-Madras HC

Posted by Advocatetanmoyon November 30, 2018November 30, 2018in Criminal

MADRAS HIGH COURT SINGLE BENCH ( Before : P. Devadass, J ) G. PRIYADARSHINI Vs. STATE Crl. R.C. No. 491 of 2014 Decided on : 20-06-2014 Criminal Procedure Code, 1973 (CrPC) - Section 156, Section 157, Section 167, Section 167(1), Section…

Revisional court should not examine evidence in a criminal case

Posted by Advocatetanmoyon July 19, 2018in CIVIL, Criminal

AIR 2002 SC 107 : (2001) 9 SCC 631 : JT 2001 (9) SC 438 : (2001) 8 SCALE 88 : (2002) CriLJ SC 225 (SUPREME COURT OF INDIA) Munna Devi Appellant Versus State of Rajasthan and another Respondent (Before…

Criminal revision under section 397 r/w section 401 of Cr.P.C.

Posted by Advocatetanmoyon April 2, 2018April 2, 2018in CIVIL

UNDER CONSTRUCTION

CURRENT SUPREME COURT JUDGMENTS

Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.
Madras Bar Association Vs. Union of India & Anr-14/07/2021 - The Madras Bar Association has filed this Writ Petition seeking a declaration that Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and 186 (2) of the Finance Act, 2017 as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 as ultra vires Articles 14, 21 and 50 of the Constitution of India inasmuch as these are violative of the principles of separation of powers and independence of judiciary

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.