Police Diary—Accused is not entitled to call for police dairies as a matter of right.
(2017) 100 ACrC 608 : (2017) 175 AIC 101 : (2017) 2 AICLR 758 : (2017) AIR(SCW) 2375 : (2017) AIR(SC) 2375 : (2017) AllSCR(Crl) 872 : (2017) 2…
Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.
(2017) 100 ACrC 601 : (2017) 176 AIC 137 : (2017) 2 AICLR 865 : (2017) AIR(SCW) 2839 : (2017) AIR(SC) 2839 : (2017) AllSCR(Crl) 974 : (2017) 3 ALT(Crl)…
Remand of Case—Merely by observing that since the view taken by the Sessions Court is a plausible view and the same does not call for any interference is not the proper exercise of appellate power by High Court-Case remanded for fresh disposal.
(2017) 99 ACrC 907 : (2017) 174 AIC 73 : (2017) 2 AICLR 839 : (2017) AIR(SCW) 2389 : (2017) AIR(SC) 2389 : (2017) 2 AllCrlRulings 1570 : (2017) AllSCR(Crl)…
Reinvestigation—After taking of cognizance, Magistrate cannot suo moto issue directions or on the request or prayer of the complaint/Informant for reinvestigation
(2017) 98 ACrC 907 : (2017) 171 AIC 1 : (2017) 2 AICLR 322 : (2017) AIR(SCW) 774 : (2017) 1 AIRJharR 848 : (2017) AIR(SC) 774 : (2017) AllSCR(Crl)…
FIR–Where a Magistrate does not explicitly directs to register a FIR, but directs for investigation, the Police should register a FIR.
(2016) 94 ACrC 494 : (2016) 161 AIC 246 : (2016) 2 AICLR 412 : (2016) AIR(SCW) 814 : (2016) 1 AIRBomR(Cri) 708 : (2016) AIR(SC) 814 : (2016) ALLMR(Cri)…
Investigation–Police has a right of further investigation under Section 173(8) Cr.P.C. but not fresh investigation or re-investigation.
2008(1) Law Herald (SC) 510 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta Appeal (crl.) 1119 of 2004…
Bail–Pre-condition–Pre-condition to applying provisions of Section 439 of Code is that a person who is an accused must be in custody and his movements must have been restricted before he can move for bail.
2008(1) LAW HERALD (SC) 380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Appeal (civil) 84 of 2008 State…
Appeal–Dismissal of an appeal for default or non-prosecution without going into the merits of the case is clearly illegal and the Appellate Court must dispose of the appeal on merits after perusal and scrutiny of record and after giving a hearing to the parties, if present, before disposal of the appeal on merits
2008(1) LAW HERALD (SC) 225 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 884 of 2001…
Cognizance–Taking of–Bar on–Limitation–Cruelty to wife–The court can invoke Section 473 Cr.P.C. and can take cognizance of an offence after expiry of the period of limitation keeping in view the nature of allegations, the time taken by the police in investigation and the fact that the offence of cruelty is a continuing offence and affects the society at large. Quashment–The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant.
2008(1) Law Herald (SC) 101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 1708 of 2007…
Maintenance–Wife cannot be denied maintenance on the ground that she has been capable of earning but she was not making an effect to earn. Maintenance–Income of the wife is insufficient–The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. Maintenance–Claim by wife– The phrase “unable to maintain herself” would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow.
2007(5) LAW HERALD (SC) 4100 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1627…