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Author: ShadesOfKnife

IPC 120B – Punishment of criminal conspiracy

Posted on October 20, 2019 by ShadesOfKnife

120B. Punishment of criminal conspiracy.—

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 120B - Punishment of criminal conspiracy

IPC 120A – Definition of criminal conspiracy

Posted on October 20, 2019 by ShadesOfKnife

120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be done,—
(1) an illegal act, or

(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 120A - Definition of criminal conspiracy

Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 2019

Posted on October 20, 2019 by ShadesOfKnife

Apex Court held that, a High Court can quash even an interlocutory order under section 482 CrPC.

From Para 11,

11. Coming to the final issue, Section 397(2) of the Cr.P.C. provides that the High Court’s powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. Whereas Section 482 of the Cr.P.C provides that nothing in the Cr.P.C will limit the High Court’s inherent powers to prevent abuse of process or to secure the ends of justice. Hence the High Court may exercise its inherent powers under Section 482 to set aside an interlocutory order, notwithstanding the bar under Section 397(2). However it is settled law that this can only be done in exceptional cases. This is, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction (See Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551).

Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 2019

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Interlocutory Order can be Quashed CrPC 482 - Saving of inherent powers of High Court Hooghly Mills Company Ltd Vs State of West Bengal Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order

Sameer Garg and Anr Vs State and Anr on 25 September, 2019

Posted on October 13, 2019 by ShadesOfKnife

Honorable Delhi High Court held that, “if any of the allegations are found to be patently false, the trial court shall take necessary steps to prosecute the concerned complainant to the full extent of law”

Sameer Garg and Anr Vs State and Anr on 25 September, 2019

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Judgment Sameer Garg and Anr Vs State and Anr Work-In-Progress Article

Khatri and Ors Vs State of Bihar and Ors

Posted on October 13, 2019 by ShadesOfKnife

Few other Orders passed by the Supreme Court in the Khatri and Ors Vs State of Bihar and Ors case (available here)are listed below for reference.

  • Khatri and Others Vs State of Bihar and Ors on 19 December, 1980
    1. This is decision from Apex Court of India which held that right to free legal services is inalienable from Article 21.
    2. Khatri and Others Vs State of Bihar and Ors on 19 December, 1980

  • Khatri and Ors Vs State of Bihar and Ors on 14 January, 1981
    1. Khatri and Ors Vs State of Bihar and Ors on 14 January, 1981

  • Khatri and Ors Vs State of Bihar and Ors on 25 November, 1982
    1. Khatri and Ors Vs State of Bihar and Ors on 25 November, 1982
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Khatri and Ors Vs State of Bihar and Ors Not Authentic copy hence to be replaced Summary Post

CrPC 162 – Statements to police not to be signed: Use of statements in evidence

Posted on October 12, 2019 by ShadesOfKnife

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial
in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act.
Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Posted on October 12, 2019 by ShadesOfKnife

This is decision from Apex Court of India which held that,

“It bars the use of any statement made before a police officer in the course of an investigation under Chanter XII, whether recorded in a police diary or otherwise, but by the express terms of the Section this bar is applicable only where such statement is sought to be used at any inquiry or trial in respect of any offence under investigation at the time when such statement was made’. If the statement made before a police officer in the course of an investigation under chapter XII is sought to be used in any proceeding other than an inquiry or trial or even at an inquiry of trial but in respect of an offence other than that which was under investigation at the time when such statement was made, the bar or Section 162 would not be attracted.“

 

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Citations: [1981 AIR 1068], [1981 SCR (3) 145], [1981 SCC (2) 493], [1981 SCALE (1)531]

Indiankanoon.org link: https://indiankanoon.org/doc/705101/


Other orders made in this case are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Article 32 - Remedies for enforcement of rights conferred by this Part CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence Khatri and Ors Vs State of Bihar and Ors

CrPC 190 – Cognizance of offences by Magistrates

Posted on October 11, 2019 by ShadesOfKnife

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.


154 CrPC is here. 155 CrPC is here. 156 CrPC is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 190 - Cognizance of Offences by Magistrates

Subrat Kumar Sen Vs State of UP on 03 October, 2019

Posted on October 6, 2019 by ShadesOfKnife

This is judgment from Apex Court which is hearing the contention, No Maintenance to Willfully Deserting Knife. Let’s follow the case.

Subrat Kumar Sen Vs State of UP on 03 October, 2019

Here is the Allahabad High Court order

Dr. Subrat Kumar Sen Vs State of U.P. and Anr on 18 July, 2019

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Legal Procedure Explained - Interpretation of Statutes No Maintenance for Deserting Wife Subrat Kumar Sen Vs State of UP Willful Desertion By Knife Work-In-Progress Article

M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr on 28 April, 2004

Posted on October 5, 2019 by ShadesOfKnife

In this landmark judgment (per Obiter Dicta), Apex Court has held that,

A parliamentary legislation when it receives the assent of the President of India and is published in the Official Gazette, unless specifically excluded, will apply to the entire territory of India. If passing of a legislation gives rise to a cause of action, a writ petition questioning the constitutionality thereof can be filed in any High Court of the country. It is not so done because a cause of action will arise only when the provisions of the Act or some of them which were implemented shall give rise to civil or evil consequences to the petitioner. A writ court, it is well settled, would not determine a constitutional question in a vacuum.

The court must have the requisite territorial jurisdiction. An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act.


Citations: [2004 SCALE 5 304], [2004 AIR SC 2321], [2004 SCC 6 254], [2004 BOMCR SC SUPP 2 654], [2004 AIR SC 2766], [2004 SUPREME 3 757], [2004 JT SUPP 1 475], [2004 ALLMR SC 5 700], [2004 DLT 111 480], [2004 COMPCAS 120 672], [2004 ELT 168 3], [2004 AIC SC 19 730], [2004 BC 3 56], [2004 COMPLJ SC 3 1], [2004 CTC 3 365], [2004 DRJ 77 317], [2004 ECR SC 114 1013], [2005 ECR SC 118 151], [2004 ELT SC 186 3], [2004 JCR SC 3 92], [2004 JT SUPPL SC 1 475], [2004 PLR 138 626]

Other Source links: https://indiankanoon.org/doc/1876565/ and https://www.casemine.com/judgement/in/5609ae06e4b0149711412bc2


See this, this, this and this Supreme Court Judgments. Many High Courts have relied on the above aspect of this Judgment here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr Obiter Dicta One State High Court Decisions Binding On Other State High Courts Supreme Court Decisions Binding On All Courts Retrospectively Too

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