Author: Hari G Ramasubramanian
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Mere Breach of a contract is not an offence
In All Cargo Movers (I) Pvt. Ltd. & Ors. v. Dhanesh Badarmal Jain & Anr. [2007 (12) SCALE 391], it was opined : We are of the opinion that the allegations made in the complaint petition, even if given face value and taken to be correct in its entirety, do not disclose an offence. For…
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Documents of Unimpeachable Character can be looked into by the Court under 482 Cr.P.C.
Suryalakshmi Cotton Mills Limited v. Rajvir Industries Limited and others, (2008) 13 SCC 678 the Hon’ble Supreme Court has made following observations explaining the parameters of the jurisdiction of the High Court in exercising its jurisdiction under Section 482 of the Code of Criminal Procedure in considering the documents of unimpeachable and sterling quality. “17. The parameters…
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Accused cannot seek modification of a condition based on which bail was granted
Accused cannot seek modification of a condition based on which bail was granted
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Whether a Magistrate can stop an investigation by Police?
It is settled law that a Judicial Magistrate does not have any Inherent Jurisdiction. The role and power of the Magistrate is confined within the four walls of the Code of Criminal Procedure, 1973. In other words, the Magistrate cannot cause to be done anything that has not been explicitly empowered by the Code. An…
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Imprisonment replaced with enhanced compensation in 138 Negotiable Instruments Act – cheque bouncing case – Supreme Court
Supreme Court modifies the punishment after concurrent finding of conviction by the Trial Court and Appellate Court taking into consideration the fact that the accused was a ‘victim of circumstances’. The punishment of 2 months altered to additional compensation of two months. In a benevolent approach, the Supreme Court had taken a very liberal view…
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Criminal case quashed as the accused has repaid the amount due to the bank
Usually, higher judiciary encourages quashing of criminal proceedings where it is a commercial crime, if the parties have settled the matter. However, in cases of bank frauds, where the money involved is public money, the Courts take a rather serious view. For example, in the case of ….. the Supreme Court has taken the stand…
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Whether prosecution can be quashed for the lack of certificate under Section 65B(4) of the Indian Evidence Act?
The Supreme Court of India in State By Karnataka Lokayukta Police Station, Bengaluru v. M.R. Hiremath 2019 SCC OnLine SC 734 (Criminal Appeal No. 819 of 2019) decided on May 1, 2019 clarified that Certificate under Section 65B(4) of the Indian Evidence Act cannot be seen as a prerequisite at the time of the charge…
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Harassment in “Public Place” is a requirement for Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998
The State Legislation of Tamil Nadu Prohibition of Harassment of Woman Act was legislated in the year 1998 by the Tamil Nadu State Legislature to check on raising incidents of the woman harassment. The term “Harassment” is defined under clause(a) of Section 2 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 as under: “the term…
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The importance and meaning of the words "Public View" in SC/ST Act
Two provisions of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides for punishing anyone who intentionally insults or intimidates or abuses any member of any scheduled caste or scheduled tribe. Section 3(r) and Section 3(s) of The Scheduled Tribes (Prevention of Atrocities) Act, 1989 two are extracted hereunder for easy…