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archives

IndianPenal Code

This tag is associated with 107 posts

Bail – transfer of case – Lower court granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district = Gulabrao Baburao Deokar … Appellant Versus State of Maharashtra & Ors. … Respondents = published in judis.nic.in/supremecourt/filename=41116

Bail – transfer of case – Lower court  granted bail in high scam – High court cancelled the bail – Apex court confirmed the high court order and transferred the case to other district =  The High Court order cancelled the  bail  granted  to the appellant herein in Crime  No.13/2006  registered  at  the  City  Police Station, Jalgaon. The … Continue reading

Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint = J.L. Soman & Ors. … Appellants Vs. State of Bihar & Anr. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41100

 Quash – Private complaint – Ex-employees filed criminal complaint against the company on criminal charges – Magistrate took cognizance – petition for quash dismissed by High court – again filed the again dismissed – Apex court directed to pay the amounts of complainants and set aside the orders of magistrate and quashed the complaint =  … Continue reading

Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = State of Rajasthan .. Appellant Versus Shambhu Kewat and Another .. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41024

Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = The  Sessions  Court,  after  hearing  the parties and  considering  the  oral  and  documentary  evidence,  found  the accused persons guilty of the offence  punishable  under  Section  307  read with Section 34 IPC, but acquitted them … Continue reading

Section 482 of the Code of Criminal Procedure (for brevity.P.C.) = Sections 406, 409, 420 and 120(b) IPC = Fraud played on Bank in collusion with Bank Officers for 2.51 crores – Criminal case – Charge sheet filed – Earlier Quash petitions are withdrawn, dismissed and a direction was also given for speedy trial – reached final – Again for Quash – Single judge allowed as it is a civil case – amount can be recovered through civil means – Apex court allowed the appeal filed by state and set aside the orders of High court stating that Alternative relief for recovery of amount is not a ground for quashing the F.I.R and Charge sheet and with out challenging the earlier orders = STATE THROUH DEPUTY SUPERINTENDENT OF POLICE AND ANR. … RESPONDENTS WITH CRIMINAL APEPAL NO. 1959 OF 2013 (ARISING OUT OF SLP(CRL.)NO.1501 OF 2010) TAMIL NADU MERCANTILE BANK LTD. … APPELLANT VS. STATE AND ORS. … RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40986

Section  482  of  the  Code  of Criminal Procedure (for  brevity.P.C.) = Sections 406, 409, 420 and 120(b) IPC = Fraud played on Bank in collusion with Bank Officers for 2.51 crores – Criminal case – Charge sheet filed – Earlier Quash petitions are withdrawn, dismissed and a direction was also given for speedy trial – reached final … Continue reading

Sec.302 , 498 A I.P.C = F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper = NANDEPU ABRAHAM Appellant (s) VERSUS STATE OF A.P. Respondent(s) = published in http://courtnic.nic.in/supremecourt/qrydisp.asp

F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration     recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper =   ‘ PW-8 N. Victor Immanuel, at … Continue reading

Acquitted under sec. 302 and 306 IPC – convicted under sec.304 B on interpolated letter , without prove of demand of dowry soon before the death – Apex set aside the orders of lower court and high court and acquitted the accused who are nothing but sister in laws of deceased = = ASHA & ANR. … APPELLANTS VERSUS STATE OF UTTARAKHAND … RESPONDENT = http://judis.nic.in/supremecourt/imgst.aspx?filename=40955

Acquitted under sec. 302 and 306 IPC – convicted under sec.304 B on interpolated letter ,     without prove of demand of dowry soon before the death – Apex set aside the orders of lower court and high court and acquitted the accused who are nothing but sister in laws of deceased =      … Continue reading

Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and under Sections 25 and 27 of the Arms Act – Apex court set aside the orders of conviction and confirmed the lower court acquittal orders – Joginder Singh … Appellant Versus State of Haryana …Respondent – http://judis.nic.in/supremecourt/imgst.aspx?filename=40895

Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and under Sections     25 and 27 of  the  Arms Act – Duty of High court while reversing  the acquittal judgement based on sound principles – not to be disturbed  with out settling the issues on material aspects  – Non- examination … Continue reading

service matter – Departmental enquiry – dismissed from service – with out following procedure and with out supplying documents – Shobha Sinha …Appellant Vs. The State of Bihar & Ors. ….Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40893

Departmental enquiry – dismissed from service – with out following procedure and with out     supplying documents – single judge set the aside the order – remanded for fresh enquiry before review committee – committee constituted –  Review committee found that the delinquent is careless in her duty only as she did in routine … Continue reading

Reduced the sentence from life to 10 years in sec. 304 B IPC Apex court held that same principles laid down in death cases- would apply with little modifications for assessing the sentences in other cases = SUNIL DUTT SHARMA Vs. STATE (GOVT.OF NCT OF DELHI) published in judis.nic.in/supremecourt/ ?filename=40877

Reduced the sentence from life to 10 years in sec. 304 B IPC applying the participles laid down     in commuting death penalty to life imprisonment, even though there is no guide lines and separate rules for lessor sentences – other than death sentences ; Apex court held that same principles laid down in death cases-  would … Continue reading

Under Sec. 304 Part II of IPC – sentence reduced to 7 years from life – KUNWAR PAL Vs. STATE OF UTTARAKHAND published in judis.nic.in/supremecourt/filename=40870

Sec. 304 Part II of IPC = Using guns in marriage ceremonies even though prohibited – when     caused death of a person who gathered in the marriage ceremony, the accused is liable to be punished under sec. 304 Part II of the IPC. but not under rash and negligent act under sec. 304 … Continue reading

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