Search Results for "Section 34"

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Supreme Court

Supreme Court Reverses High Court's Quashing of Criminal Proceedings Due to Erroneous Limitation Computation. For computing limitation period under Section 468 CrPC, relevant date is date of filing complaint (10.07.2012), not date Magistrate takes cognizance (04.12.2012), making prosecution maintainable as complaint filed within 3 years from offence date (04.10.2009).

28 Feb 2022

The Supreme Court addressed an appeal challenging the Madhya Pradesh High Court's order quashing criminal proceedings on limitation grounds. The appel...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused Based on Supplementary Investigation Report. Magistrate Must Consider Both Initial Report Under Section 173(2) and Supplementary Report Under Section 173(8) of Code of Criminal Procedure, 1973 Conjointly to Determine Prima Facie Case, Following Precedent in Vinay Tyagi v. Irshad Ali.

18 Feb 2022

The appeal arose from a judgment of the High Court of Kerala dated 3 March 2021. On 3 February 2016, an FIR was registered against the appellants for ...

Supreme Court

Supreme Court Partially Allows Appeal in Murder Case, Upholding Conviction of One Accused and Acquitting Others for Lack of Common Intention. The court held that common intention under Section 34 IPC requires prior concert, which was absent for appellants whose roles were limited to holding and pulling the deceased, not participating in the fatal assault.

16 Feb 2022

The appeal arose from a murder conviction where Krishnamurthy, Gopala, and Thimmappa were convicted under Section 302 read with Section 34 IPC, among ...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Inadequate Circumstantial Evidence and Defective Investigation. Conviction under Sections 302 and 201 of Indian Penal Code, 1860, Overturned as Prosecution Failed to Prove Complete Chain of Circumstances and Investigation Was Shoddy.

15 Feb 2022

The appeal arose from a murder conviction where the appellants, husband and mother-in-law of the deceased, were convicted under Section 302 read with ...

Supreme Court

Supreme Court Quashes State Government's Order Rejecting Premature Release Application Due to Non-Application of Mind. Premature Release Must Be Considered Under Policy at Conviction Date, with Reasoned Assessment of Individual Circumstances Including Criminal History and Jail Conduct Under Article 21 of the Constitution.

10 Feb 2022

The Supreme Court adjudicated a petition under Article 32 of the Constitution, filed by a petitioner seeking enforcement of the right to life under Ar...

Supreme Court

Supreme Court Reverses Acquittal and Convicts Accused in Murder Case Under Section 302/34 IPC. Common Intention Was Established Through Exhortation and Presence at Crime Scene as Per Consistent Eyewitness Testimony, Overturning High Court's Decision Based on Surmises.

9 Feb 2022

The dispute arose from a criminal appeal filed by the original informant, son of the deceased, challenging the High Court's judgment acquitting accuse...

Supreme Court

Supreme Court Quashes FIR Against In-Laws in Dowry Harassment Case Due to Omnibus Allegations. The Court found that allegations under Sections 341, 323, 379, 354, 498A read with Section 34 IPC were general and lacked specificity, warranting quashing under Section 482 CrPC to prevent misuse of Section 498A IPC.

8 Feb 2022

The appeal arose from a judgment of the Patna High Court dismissing a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

Supreme Court

Supreme Court Modifies Compensation Award in Land Acquisition Appeal Under Land Acquisition Act, 1894. The Court Addressed Claims for Severance and Injurious Affection, Upholding Valuation Principles and Evidentiary Standards for Loss Determination.

4 Feb 2022

The dispute arose from the acquisition of land by the Government of Maharashtra for the BHIMA (Ujjani) Irrigation Project, which affected a trolley li...

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