Digi - Legal Insights
CRIMINAL LAW
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Relief under Sec. 19
denied-Under-construction flat not in possession of either party does not
qualify as shared household.
CRIMINAL LAW
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Where prima facie material
exists under IPC Sections 120B and 420 read with PC Act, 1988, rejection of
discharge application under Section 227 CrPC is proper.
CRIMINAL LAW
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Rejection of discharge
application under Section 227 CrPC upheld where sufficient material existed and
investigation was valid under Section 17(c) of PC Act.
CRIMINAL LAW
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Accused discharged
under Sections 420 and 34 IPC where no material shows involvement in creation
of false document or knowledge of defective title; revisional order set aside.
CRIMINAL LAW
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Court cannot issue writ
under Article 226 to direct Advocate General or Legislature to enact laws or
decide applications; vague and omnibus prayers rejected.
CRIMINAL LAW
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Account freezing order
modified to permit withdrawal of Rs. 50 lakhs where credited amount is
unrelated to alleged offence and lacks nexus with criminal proceeds.
CRIMINAL LAW
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Conviction under
Section 302 IPC upheld where accused used multiple weapons with premeditated
intent and child eyewitness account was reliable and corroborated by forensic
and CCTV evidence.
CRIMINAL LAW
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Conviction under Sec.
304 Part II proper-Act of setting victim on fire with knowledge of likely fatal
consequence does not attract Sec. 300 Clause 4.
CRIMINAL LAW
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Proceedings quashed
where allegations are vague, lack specifics of harassment, and appear
retaliatory; no offence under Sections 498A or 406 IPC made out.
CRIMINAL LAW
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Premeditated murder-Conviction
under Section 302 IPC upheld where murder was intentional, pre-planned, and
supported by direct evidence, extra-judicial confession, medical proof, and
weapon recovery.
CRIMINAL LAW
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Impugned order of conviction set aside, as prosecution failed to prove that Appellant was responsible for tampering with documents, as evidence indicated that mark-sheet and revaluation notification passed through multiple institutional hands before any alleged forgery was detected.
CRIMINAL LAW
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Reasons given for grant of bail to accused no.11 and reasons given for refusal to grant bail to accused no.20, is fully justified and reasonable.
CRIMINAL LAW
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High Court having rightly appreciated evidence as well as legal position, no any illegality in judgment of acquittal passed by High Court.
CRIMINAL LAW
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Circumstantial
evidence-Where prosecution failed to establish complete chain linking accused
to murder and recovery evidence was weak and uncorroborated, conviction under
Sections 302 and 397 IPC set aside.
CRIMINAL LAW
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Exception 4 to Section
300 IPC not attracted where accused deliberately set wife ablaze in presence of
sons; conviction under Section 302 IPC upheld based on eyewitness and dying
declarations.
CRIMINAL LAW
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Judgment of conviction passed by Trial Court stands restored, as prosecution proved its case beyond reasonable doubt.
CRIMINAL LAW
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Quashing of FIR-FIR
quashed where valid civil transaction lacked fraudulent intent and mere deficit
in court fee did not attract forgery or cheating under IPC.
CRIMINAL LAW
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Both Trial Court and High Court made errors in convicting accused 1 due to a misreading of evidence, leading to conclusion that accused 1 is acquitted of all charges and must be released if not involved in other cases.
CRIMINAL LAW
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Recalling of witness-Application
under Section 311 CrPC allowed to facilitate fair cross-examination; earlier
rejection set aside subject to cost of 25,000.
CRIMINAL LAW
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Acceptance of C Summary
Report without judicial application of mind and solely on informants no
objection is improper; matter remanded for fresh consideration.