Case Law

Determination of period of sentence for committing offence under section 326…[State of Madhya Pradesh V. Udham and Others]

Complainant was sitting with three other people in his house when respondent along with other co-accused armed with lathis barged in – An altercation took place between two groups over tying of cow, in course of which respondent and other co-accused gave lathi blows to complainant and other people

June 21, 2020

Conviction in case of dowry death, whether permissible only on basis of deceased’s relatives… [Kantilal V. State of Gujarat]

Section 498A, read with section 302 of Indian Penal Code,1860 – Dowry Death- prosecution’s case was that deceased was daughter-in-law of appellant – She was continuously tortured for dowry in her matrimonial home and ultimately she committed suicide…

June 21, 2020

Section 313 of CrPc, 1973, scope of…[Fainul Khan V. State of Jharkhand and Another]

Appellants were convicted for murder of deceased under section 302,IPC- Appellant filed instant appeal contending that proper opportunity to defend them was denied under section 313 because incriminating questions put to him mere casual and perfunctory

June 21, 2020

Penal provisions of sections 50 and 51, whether applicable retrospectively… [Union of India and Ors. V. Gautam Khaitan]

Section 1, read with sections 50 and 51 of the Black money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015-High court took a view that while exercise of powers under section 85 and 86, Central Government has made penal provision of section 50 and 51 retrospectively applicable from 1-7-2015..

June 21, 2020

Applicability of section 20A of TADA Act, guidelines of…[Ebha Arjun Jadeja & Ors. V. State of Gujarat]

Section 20 A of the Terrorist and Disruptive Activities Act 1987, Cognizance of offence – Appellant was caught with a foreign made pistol – Since he could not produce license and other relevant documents for possession of said gun…

June 21, 2020

Power to issue summons under section 319 CrPc, how to be exercised by Courts.. [Mani Pushpak Joshi Vs. State of Uttarakhand & ANR.]

Section 319 of the Code of Criminal procedure, 1973 -Father of prosecutrix (a 6 year old girl), lodged a compliant that she was physically abused by a school teacher – Statement of victim was recorded under section 161 of CrPc wherein she deposed that except said school teacher, no body else had abused her in the school…

June 21, 2020

Grant of bail to accused, requirements of… [Shri P. Chidambaram V. Central Bureau of Investigation]

Section 438 of the code of Criminal Procedure,1973- Prosecution case was that appellant, in the capacity of Finance Minister was a party in committing irregularities in Foreign Investment Promotion Board(FIPB) clearance given to the INX media for receiving higher amount of foreign investment…

June 21, 2020

Conviction of accused for committing murder solely on basis of prosecution witnesses,whether justified… [Jodhraj & Anr. V. State of Rajasthan]

Section 302 of the Indian Penal Code,1860- Murder-Appellant was charged with offence of committing murder of deceased along with other co-accused – Trail court passed an order of conviction under section 302 of IPC…

May 23, 2020

Whether contents of memory card must be regarded as a ‘document’ under Information and Technology Act,2000… [P. Gopalkrishnan @ Dileep V. State of Kerala and Anr.]

Section 376 of the Indian Penal Code, 1860 read with section 2(1)(t) of the Information and Technology Act, 2000- Rape – Appellant was charged with offence of committing rape under section 376 of IPC – In order to prove its case, prosecution relied upon the ‘memory card’ victim’s phone as an evidence

May 23, 2020

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