Category: Uncategorized
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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…
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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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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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The curious case of triple murder
In a very interesting decision in Ashish Jain Versus Makrand Singh and Ors. decided on 14th January 2019, the Supreme Court deals with a host of issues in an appeal against the order of acquittal passed by the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench. The Trial Court found the three accused persons Makrand…
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Supreme Court decriminalizes 377 IPC
The Supreme Court of India passed a decision decriminalising Section 377, which criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private. The copy of the decision can be found below.