criminal proceedings Archives | Page 2 of 4

Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers

Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether

Case Briefs High Courts

SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975

Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners

Case Briefs High Courts

Money laundering offence under PMLA is, layered and multi-fold and includes stages preceding and succeeding offence of laundering money: Del HC

Delhi High Court: While expressing the object of PMLA Act Chandra Dhari Singh, J., expressed that, offence of money laundering is threefold

Case Briefs High Courts

Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it; Ori HC observes in a case where final form was submitted after 15 years

Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay

Op Eds OP. ED.

Unlawful Activities (Prevention) Act, 1967: Interpretation on Rigours of Grant of Bail

by Kapil Madan † and Pulkit Pandey††

Case Briefs High Courts

Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances

Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are

Case Briefs High Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case Briefs High Courts

‘Madam if you want leave, come and meet me alone’; Chh HC held it not to be a sexually coloured remark; Offence under IPC and SC ST Act not made out

Chhattisgarh High Court: Narendra Kumar Vyas, J., quashed the FIR registered against the petitioner by Respondent 4 at Women Police Station, Bilaspur

Case Briefs Supreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

Case Briefs High Courts

Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels

Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence

Case Briefs High Courts

Chh HC | When prima facie ingredients of S. 383 IPC is not made out, then the offence under S. 388 IPC cannot be made out

Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and quashed the FIR and the criminal proceedings against the petitioner. The

Case Briefs Supreme Court

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed

Case Briefs High Courts

When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference

Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission

Case Briefs Supreme Court

Italian marines allegedly kill two Indian fishermen in 2012! Here’s why Supreme Court has closed all proceedings against them

In 2012, two fishermen were killed while fishing off the coast of Kerala after allegedly two Italian Military Naval officials fired at them from a passing ship.

Case Briefs High Courts

Madras HC | Can Criminal Proceedings instituted under DV Act be converted as Civil Proceedings, so as to transfer such proceedings before Civil Court or Family Court while exercising supervisory powers under Art. 227 of Constitution? Read on

Madras High Court: S.M. Subramaniam, J., held that Protraction and prolongation of litigations affecting women can never be encouraged by the Courts.

Case Briefs High Courts

Madras HC | Political parties should restrain from making serious allegations or criticism against constitutional functionaries

“…leaders of political parties should show their statesmanship and quality and healthy politics rather than accusing others by using vituperated language in political platform.”

Case Briefs Supreme Court

In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”

Case Briefs Supreme Court

Criminal proceedings cannot be permitted to degenerate into weapon of harassment; HCs must quash frivolous FIRs: Supreme Court

“Inherent jurisdiction under Section 482 Cr.P.C. and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal proceedings ought not to be permitted to degenerate into weapon of harassment.”

Case Briefs Supreme Court

‘Section 138 NI Act proceeding a “civil sheep” in a “criminal wolf’s” clothing’; quasi criminal proceedings against corporate debtor covered under Section 14(1)(a) IBC : SC

“A Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases.”

Case Briefs High Courts

Del HC | Offences like rape & forgery having a bearing on vital societal interest cannot be construed to be merely private or civil disputes

Delhi High Court: Subramonium Prasad, J., with regard to the settlement of disputes stated that: “In crimes which seriously endangers the well