prosecution Archives | Page 2 of 3

Explained| “Known source of income” under Section 13(1)(e) of PC Act, 1988 means the sources known to the prosecution or the accused?

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has explained the true import of Section 13(1)(e) of the Prevention

Case Briefs High Courts

Orissa High Court | Witnesses related to the deceased would not result in their testimonies being discarded if otherwise truthful and consistent

Orissa High Court: In an appeal filed challenging the Trial court ruling, convicting the accused under Section 302 of Penal

Case Briefs Supreme Court

Prosecution version helps man accused of murdering brother get benefit of provocation exception; SC holds that accused may rely on prosecution case for discharge of burden

Supreme Court: In an interesting case, where a man was convicted for murder of his younger brother, the bench of Sanjiv Khanna*

Case Briefs High Courts

Del HC | Non-examination of a 4-year-old victim immaterial when scientific and circumstantial evidence prove the guilt of the accused

Delhi High Court: A Division Bench of Mukta Gupta and Mini Pushkarna, JJ. upheld the impugned conviction order considering the accused has

Case Briefs Supreme Court

Even a single crime committed by a ‘Gang’ is sufficient to prosecute an accused under the Gangsters Act: Supreme Court

Supreme Court: In a case where it was argued before the Court that an accused cannot be prosecuted under the Gangsters Act,

Case Briefs High Courts

Ori HC considers whether any difference exists between a case where default is committed and prosecution immediately launched and where prosecution is deferred till cheque presented again gets dishonored for second or successive time?

Orissa High Court: R K Pattnaik, J. dismissed the petition and held that the ground on which the petition is raised is

Case Briefs High Courts

Prosecution must stand on its own legs basing its findings on the evidence that has been led by it: All HC

Allahabad High Court: Siddhartha Varma, J., held that it is the bounden duty of the enquiry officer to have seen whether the

Case Briefs High Courts

If a person willfully attempts to evade tax, he can be prosecuted under S. 276C(1) of the Income Tax Act: Bom HC

Bombay High Court: The Division Bench of K.R. Shriram and Amit B. Borkar, JJ., discussed when a person can be prosecuted under

Case Briefs High Courts

Ker HC | No prosecution against public servants without prior approval of government; HC dismisses CBI’s revision petition

Kerala High Court: Narayana Pisharadi, J., dismissed the revision petition filed by CBI due to its failure to obtain prior sanction of

Case Briefs High Courts

Bom HC | Circumstantial Evidence. Wife found dead, can husband be convicted on the basis of him being last seen with wife? Do Police Officers need to substantiate their stand on basis of documents? Read on

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., held that in a matter of circumstantial evidence,

Case Briefs High Courts

All HC | In case a public servant has retired, there is no necessity to seek prior prosecution sanction for prosecuting him

Allahabad High Court: Dinesh Kumar Singh, J. dismissed the revision petition on the ground that the impugned order did not suffer from

Case Briefs High Courts

Del HC | Prosecution against officials of Reliance Industries under Official Secrets Act quashed in light of ‘secret’ documents already being in public domain

Delhi High Court: Sunil Gaur, J. allowed a batch of petitions filed against the trial court’s order whereby the petitioners including Group President

Case Briefs High Courts

Mad HC | Third Party has no locus standi to prosecute criminal proceedings; petition by a forum in regard of judicial death of prisoner dismissed

Madras High Court: N. Anand Venkatesh, J. dismissed a petition filed by Prisoners Right Forum against the order of the Chief Judicial Magistrate

Case Briefs High Courts

Chh HC | Prosecution under Ss. 276-C and 277 of Income Tax Act doesn’t survive if penalty imposed on assessee is deleted by appellate authority

Chhattisgarh High Court: Prashant Kumar Mishra, J. quashed criminal proceedings pending against the petitioner-assessee before the Chief Judicial Magistrate for the commission of

Case Briefs High Courts

Megh HC | To contend that re-trial helped prosecution fill up gaps and lacuna is otiose theory where no such plea agitated during the re-trial

Meghalaya High Court: A Bench of Mohammad Yaqoob Mir, CJ, and H.S. Thangkhiew, J. dismissed an appeal filed against the trial court decision

Case Briefs High Courts

P&H HC | Compromise between parties renders continuation of prosecution futile, FIR quashed

Punjab and Haryana High Court: This petition was filed before the Bench of Jaishree Thakur, J., under Section 482 of Criminal Procedure

Case Briefs High Courts

Prosecution can’t disown its witness unless declared hostile; ossification test comes into play only if documentary and other evidence doesn’t establish victim’s age

Bombay High Court: A Division Bench comprising of S.B. Shukre and S.M. Modak, JJ. allowed a set of criminal appeals filed against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT’s ultimatum to oil companies – “Install Vapour Recovery Devices at all petrol pumps by October 31 or face prosecution”

National Green Tribunal (NGT): The Principal Bench of NGT at New Delhi comprising of Adarsh Kumar Goel, S.P. Wangdi JJ. and expert

Case Briefs Supreme Court

No bar for prosecution under IPC merely because provisions of FSS Act provide penalties; doctrine of double jeopardy not applicable: SC

Supreme Court: The Bench comprising of S.A. Bobde and L. Nageswara Rao, JJ. disposed of a criminal appeal filed by the State

Case Briefs High Courts

Taking the services of a prostitute cannot be penalized under IPC and Immoral Traffic (Prevention) Act: Karnataka High Court

Karnataka High Court: A Single Judge Bench comprising of K.N. Phaneendra, J. allowed a petition wherein the bench stated that a customer