Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
Penal Code
2024 SCC Vol. 1 Part 3
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
‘Court cannot turn its back on distressed family’: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim
“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”
No conviction for causing miscarriage if there is no expulsion of embryo or foetus from the mother’s womb: Chhattisgarh HC
“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”
Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court
“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”
‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused
It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Key Highlights of the three new criminal laws introduced in 2023
The President gave assent on 25-12-2023 to the new criminal laws.
“No repeated or severe blows inflicted upon mother-son duo”; Supreme Court sets aside conviction under Section 307 IPC
The Court modified the sentence imposed and found the convicts guilty under Sections 323 and 324 of the IPC.
SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC
“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”
2023 SCC Vol. 10 Part 2
Penal Code, 1860 — Ss. 302 and 201 — Circumstantial evidence — Last seen theory and recovery of weapon: In this case,
2023 SCC Vol. 10 Part 1
Corporate Laws — Company Law — Winding up and Liquidation — Overriding preferential payments: Dues towards customs duty i.e. government dues falling
S. 205 CrPC | Magistrate must not act arbitrarily and be circumspect while deciding personal attendance of a Doctor: Orissa HC
“The Court has a bounden duty to balance the mandate of the law and requirements of general public and then decide the fate of a petition filed under Section 205 of the CrPC especially when the applicant is a public servant, more particularly, the Government servants who are enjoined with a duty to safeguard the lives and health of people.”
Delhi High Court upholds extradition of Indian National accused of murder, to Oman
“The standard of proof in an inquiry in an extradition case is not of the same level as that required in a trial.”
Fake Passport and Visa Stickers | Gujarat HC denies bail to person accused of making 79 fake passports
The Court said that there are chances that “if the accused is enlarged on bail, he may utilize his international contacts all over the world for himself and may fly away”.
Never Reported Judgment | Liability for dishonestly receiving stolen property extends even to those merely acting as sales brokers: SC [(1952) 2 SCC 140]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on dishonestly receiving stolen property.”
‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director
“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.
2023 SCC Vol. 8 Part 4
Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act
‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment
“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.