Author: Hari G Ramasubramanian
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Extra Judicial Confession not to be believed when made to a Stranger
In criminal cases in Tamil Nadu, there are usually particular distinctive feature that the Accused on his own accord makes an extra judicial confession to the Village Administrative Officer, after the incident, but prior to his arrest. In Moorthy vs. State of Tamil Nadu 2023INSC739, this usual feature of making confession before a stranger had…
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Can prosecution under Prevention of Corruption Act continue when delinquent officer is exonerated in Departmental Proceedings?
It is the settled provision position of law that civil and criminal proceedings have an entirely different standard of proof and usually the result of one does not affect the other. However, it is also an established principle of law that the standard of proof required in a civil proceeding is much lower compared to…
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Chargesheet can be partly quashed
The Supreme Court of India in a judgment reported as Ishwar Pratap Singh & Ors.v. State of Uttar Pradesh & Anr. held that there is no prohibition under the law for quashing the charge-sheet in part. In a petition filed under Section 482 of the Code, the High Court is required to examine as to whether its…
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Ram & Ram Lecture on Section 167(2) Cr.P.C. by Senior Advocate A. Ramesh and G.M.Ramasubramanian, Advocate
In the wake of divergent views of two benches of equal strength of the Madras High Court with regard to the extension of the time for investigation under section 167(2) Code of Criminal Procedure has raised a lot of debates amongst the members of the Bar and invoked curiosity as to the way forward. The…
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Whether Husband is liable for misappropriation of Stridhan Property?
The question that arose in the case of PRATIBHA RANI VS SURAJ KUMAR AND ANOTHER AIR 1985 SUPREME COURT 628 is whether a case of misappropriation under Section 405 IPC and 406 IPC would entail if a husband misappropriates the stridhan property of the wife. The brief facts are that the High Court had quashed…
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Top Supreme Court Landmark Decisions on Criminal Misappropriation of Property – Section 403 and 404 IPC
Criminal misappropriation of property consists of two sections section 403 IPC and 404 IPC of the Indian Penal Code. This sub-chapter contains provisions which deal with only the criminal misappropriation of the property, but it is closely related and intertwined with chapter “Criminal Breach of Trust”, which are contained in Section 405 to Section 409…
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Whether preliminary inquiry under Section 340 Cr.P.C. is mandatory? SC refers the matter to larger bench.
The Supreme Court of India on the 26th of February 2020 passed as an order which raises considerable doubts. The case is in relation to section 420, 467, 468 and 471 of the Indian penal code 1860 with allegations that the accused had forged and fabricated documents in the course of the legal proceedings before…
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Can the State refuse to furnish any order which curtails fundamental rights?
In the case of ANURADHA BHASIN vs. UOI decided on 10th January 2020, the Supreme Court held as follows: As a general principle, on a challenge being made regarding the curtailment of fundamental rights as a result of any order passed or action taken by the State which is not easily available, the State should…
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Would Section 362 Cr.P.C. affect the inherent power of the High Court to review an order passed without Jurisdiction?
When an order is passed by the High Court without Jurisdiction, can the same be review again by the High Court, without being affected by Section 362 Cr.P.C. was the question that came before the Supreme Court of India in New India Assurance Co Ltd. vs Krishna Kumar Pandey decided on 6th December, 2019. The…
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Whether a cheque is a property for Section 406 IPC?
11. In Suryalakshmi Cotton Mills Ltd. v. Rajvir Industries Ltd. [(2008) 13 SCC 678], the Supreme Court has made the following observations explaining that a cheque is a property in consideration of Section 406 IPC. 24. However, a case for proceeding against the respondents under Section 406 has, in our opinion, been made out. A cheque being a…