The first essential condition as incorporated in Section 364-A is "whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction". The second condition begins with conjunction "and". The second condition has also...
Criminaldigest
A person shall not be criminally responsible under a Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
In accordance with the Law, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
Considering the fact that the charge-sheet has already been filed, the accused is already charge-sheeted and the relevant material is also now a part of the charge-sheet, the same is required to be considered by the High Court. Therefore,...
IMPORTANCE OF PLEADING IN NI ACT-It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business...
SLP-NDPS Act-Preventive detention-the appellant detenu had been released on bail by the Special Court, Tripura despite the rigours of Section 37 of the NDPS Act, 1985, had not been brought to the notice and on the other hand, this...
Merely recording "having perused the record" and "on the facts and circumstances of the case" does not subserve the purpose of a reasoned judicial order. It is a fundamental premise of open justice, to which our judicial system is...
Criminal conspiracy-the ingredients of the offence of criminal conspiracy are that there should be an agreement between the persons who are alleged to conspire and the said agreement should be for doing of an illegal act or for doing,...
BAIL CANCELLED- petitions under Section 439 Cr.PC-Section 147, 148, 149, 307 AND 302 IPC.reasons given for incompletion of the investigation is that the injured is still undergoing treatment which makes it obvious that he has suffered more than the...
Appellants would be entitled for acquittal under section 302 IPC but would be liable to be convicted under section 304 PartII IPC. Rest of the conviction upheld by the High Court and the sentence for the charges under sections...
TRANSFER PETITION OF DOMESTIC VIOLENCE CASE-it won't be appropriate at this stage to deal with respective arguments and record findings, as it may ultimately affect the parties and their pending litigations.
WRIT-Article 142 of the Constitution of India-personal liberty-BAIL-grant interim bail to the petitioner in the peculiar facts and circumstances of the case, till he files the application for regular bail and the same is considered by the Competent Court.
This suo motu proceeding under Article 32 was initiated during the course of hearing of a criminal appeal (Crl.A.400/2006 & connected matters). The Court noticed common deficiencies which occur in the course of criminal trials and certain practices adopted...
Section 139 of the N.I. Act-Capacity to lend money-the complainant had no source of income to lend a sum of Rs.14 lakhs to the accused and he failed to prove that there is legally recoverable debt payable by the...
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