Further Investigation—Once the Magistrate u/s 227 CrPC discharge the accused thereafter, it will not be open for the Magistrate to suo moto order for further investigation and direct the investigating officer to submit the report
2019(2) Law Herald (SC) 1539 : 2019 LawHerald.Org 1006 (2019) 4 JT 281 : (2019) 2 RCR(Criminal) 898 : (2019) 6 Scale 481 IN THE SUPREME COURT OF INDIA Before…
Criminal Procedure Code, 1973 (CrPC) – Section 360 – Probation of Offenders Act, 1958 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 325 and 34 – Release on probation for good conduct – If the offender is less than 21 years of age or a woman not convicted of an offence not punishable with death or imprisonment for life; such offender can be granted benefit of probation on satisfaction of the court on the basis of parameters contained in Section 360 of the Code.
2019(2) Law Herald (SC) 1531 : 2019 LawHerald.Org 1005 (2019) 2 RCR(Criminal) 1012 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice Hemant…
Juvenile—Plea of Juvenility—Accused is entitled to raise such a legal plea even for first time before Supreme Court
2019(2) Law Herald (SC) 1528 : 2019 LawHerald.Org 1004 : (2019) 4 JT 391 : (2019) 2 RCR(Criminal) 1022 : (2019) 6 Scale 387 IN THE SUPREME COURT OF INDIA…
Right to Life—Permission to travel abroad—Mere pendency of departmental proceedings cannot be a ground to prevent the appellant from travelling abroad
2019(2) Law Herald (SC) 1526 : 2019 LawHerald.Org 1003 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…
Eviction—Statutory Tenant—Landlord having life estate created tenancy—Such a tenant would become statutory tenant and would be entitled to protection of Rent Act—Therefore, such a tenant cannot be treated as trespasser on death of landlord
2019(2) Law Herald (SC) 1512 : 2019 LawHerald.Org 1002 : (2019) DNJ 455 : (2019) 6 Scale 532 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya…
False Statement in Court—Allegedly a false statement was made in the anticipatory bail application—No offence is made out for perjury on mere comparison of such statement with preliminary investigating report and order granting bail
2019(2) Law Herald (SC) 1505 : 2019 LawHerald.Org 950 (2019) 2 RCR(Criminal) 321 : (2019) 4 Scale 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fali…
Commercial Courts—Written Statement—In a suit for recovery under Commercial Courts Act written statement has to be filed within 120 days of service of summons—Such a period cannot be extended even by recourse to inherent power under S. 151 CPC
(2019) 2 ALT 48 : (2019) 2 CTC 294 : (2019) 2 KerLJ 343 : (2019) 2 KHC 97 : (2019) 2 RCR(Civil) 249 : (2019) 4 Scale 574:2019(2) Law…
Foreigners Act, 1946–Wrongly declared to be Foreigner—Once the grandfather’s identity, father’s identity etc. has been established successfully by the appellant then by the mere fact that the father may later have gone to another village is no reason to doubt the documents relied upon
2019(2) Law Herald (SC) 1503 : 2019 LawHerald.Org 951 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Criminal Appeal No.…
Quashing—Incomplete Investigation—Where FIR prima facie disclose allegations of commission of alleged offences it should not be quashed without allowing police to make full and proper investigation
2019(2) Law Herald (SC) 1500 : 2019 LawHerald.Org 952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…
Juvenile—Rape—Plea of Juvenility—Supreme Court got an inquiry conducted through its Registrar (Judicial) and found appellant was juvenile at the time of offence—Accused released
2019(2) Law Herald (SC) 1492 : 2019 LawHerald.Org 949 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mrs. Justice…