Case Law - Miscellaneous

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

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

Application of High Court under section 11 for appointment of liquidator, whether can be dismissed on ground of limitation…[M/s. Uttarakhand Purv Sainikkalyan Nigam Ltd. V. Northern Coal Field Ltd.]

Section 11, read with section 16 of the Arbitration and Conciliation Act,1996- Appointment of arbitrators- Appellant entered into agreement with respondent company to provide security service- Said agreement contained arbitration clause…

May 23, 2020

Right to strike/ boycotting of courts, whether a fundamental right under article 19(1)(a)…[District Bar Association, Dehradun V. Ishwar Shandilya & Ors.]

Article 19 of the Constitution of India- Protection of certain rights regarding freedom of speech- Advocates i.e. members of petitioner-association had been boycotting the courts on all Saturdays for more than 35 years -As said strike was seriously obstructing the access to justice to needy litigants, respondent no.1 filed a writ petition before the High Court….

May 23, 2020

Confessional statement made by co-accused under section 15 of TADA Act, scope of… [Raja @ Ayyappan Vs. State of Tamil Nadu]

Section 15 of the TADA Act – Confession recorded would be admissible in the trial of a co-accused if he was tried together with the accused who made the confession – Appellant along with other co-accused formed an illegal organisation- They also entered into a conspiracy to blast the State Government building…

May 10, 2020

Discharge of respondent from service on account of failure to appear for medical examination, whether justified… [State of Odisha & Ors. V. Ganesh Chandra Sahoo]

Service matter- Respondent was serving as a Follower Orderly in State Police- While on leave, he allegedly suffered from cerebral malaria and was admitted in C.T.Hospital, Cuttack- He was advised to take rest for 2 months- When respondent applied for leave extension, Commandant directed him to appear before the CDMO, Cuttack for medical examination…

May 2, 2020

‘Heinous Offence’ as per section 2(33) of Juvenile Justice [Care and Protection of children] Act, 2015, scope of…. [Shilpa Mittal V. State of NCT of Delhi & Anr.]

Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act,2015- Heinous offence- Supreme Court was called upon to decide as to whether an offence prescribing a maximum sentence of more that 7 years, but not providing any minimum sentence, or sentence of less than 7 years, can be considered to be ‘heinous offence’ within the meaning of section 2(33)

April 24, 2020

Bail granted by Session Court, when subject to cancellation by High Court… [Myakala Dharmarajam & Ors. Etc. Vs. State of Telangana & Anr.]

Section 439 of the Criminal Procedure Code, 1975- Bail- Appellant was charged with the offence of causing murder of husband of Respondent No. 2 – Appellant moved an application for bail before the session Court during the pendency of trial – Session court granted bail to appellant…

April 24, 2020

Non-examination of ASP in whose presence opium was seized whether amounted to violation of section 50 of NDPS Act… [ Surinder Kumar V. State of Punjab]

Appellant/ Accused was carrying a bag in his hand- He was intercepted by Police party- Thereupon, in presence of ASP , who was called on spot, a search was conducted and 1kg 750 grams opium was seized from appellant’s bag….

April 24, 2020

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