NISHANT
NISHANT MEHROTRA 25 Jan 2018 11:39am
Service of summons on the accused to their e-mail addresses
1201 0 0
Madras High Court :: Direction for the service of summons on the accused to their e-mail addresses as well as the residential address.Criminal Revision against the order of the Judicial Magistrate allowing the petition of accused to leave India with the condition that they would have to return to India by 1/12/2018 - Revisionist/Accused  engaged…
NISHANT
NISHANT MEHROTRA 25 Jan 2018 11:00am
Extortion FIR can't be quashed.
1267 0 0
Bombay High Court :: Extortion FIR can't be quashed.Putting in fear of injury to commit extortion Application for quashing FIR - Allegation  that applicants conducted video clips  of respondent in function at Saffron Hotel and thereafter, under fear of causing injury to reputation, demanded money from respondent - It also appears that applicants…
NISHANT
NISHANT MEHROTRA 25 Jan 2018 9:19am
Bombay HC directs trial courts to ensure that legal counsel appointed at State expense must have sufficient experience
1504 0 0
Bombay High Court has held that proper legal assistance to the accused was a fundamental right under right to life and personal liberty and also a part of due process of law. The Court issued directions to all police officers and Judicial Magistrates, Sessions Judges/Special Judges to appoint an advocate with sufficient experience, and also mention…
NISHANT
NISHANT MEHROTRA 25 Jan 2018 8:52am
Mitigating factors on sentence awarded
1015 0 0
SC :: Mitigating factor - S. 304 Part 2 - Sentence under - deceased died 15 years ago.Beating given to an old and physically weak person resulting in breaking of his ribs and leading to his death - Offence having been committed about 15 long years ago and the offender having already undergone part of the sentence, lenient view taken and a sentence…
NISHANT
NISHANT MEHROTRA 17 Jan 2018 5:45pm
Function of the Judge under S.227 CrPC explained.
1114 0 0
SC :: Function of the Judge under S.227 CrPC explained.Held, he cannot act merely as  a post offoce or mouthpiece of the prosecution - He has to sift and weigh the evidence for the limited purpose of finding out whether a  prima facie case has been made out - Where two views are equally possible and evidence gives rise to some suspicion but…
NISHANT
NISHANT MEHROTRA 17 Jan 2018 4:27pm
Further Investigation can be ordered despite acceptance of police report that no case is made out.
1014 0 0
Madras High Court :: Further Investigation can be ordered despite acceptance of police report that no case is made out.Further investigation - Order by Magistrate - After acceptance of police report u/S.173(2) CrPC to the effect that "crime not detected" - No legal bar against such course of action - No requirement for Police to firstly get the earlier…
NISHANT
NISHANT MEHROTRA 17 Jan 2018 11:53am
Proceedings can't be quashed merely because Judge did not have jurisdiction.
1280 0 0
SC :: Proceedings can't be quashed merely because Judge did not have jurisdiction.Ss.3 and 4 - Special Judge- Even if City Civil Judge was found to be not empowerd by issuing notification under S.3(1) to try a particular criminal case, held, that could not be a ground to quash the proceedings.Even if the High Court found that the City Civil and Sessions…
NISHANT
NISHANT MEHROTRA 17 Jan 2018 12:45am
Prosecution case of giving money to person who acted as Prevention of Corruption - Conviction of the conduit under S.7 - Appreciation of evidence
1749 0 0
SC :: Conviction in corruption case set aside - S.7 - Bribe - Prosecution case of giving money to person who acted as a conduit for handing over the same to the official concerned - Conviction of the conduit under S.7 - Appreciation of evidence.Money handed over to appellant Home Guard for passing on  to Exercise Inspector who had allegedly demanded…
NISHANT
NISHANT MEHROTRA 16 Jan 2018 4:43pm
DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted
1162 0 0
SC :: DNA test value - manner of collection of blood samples is shaky, deceased not positively identified - accused acquitted.DNA test report - Evidentiary value - Dead body of female found near railway tracks - Report of DNA test to effect that sample of tissue of viscera of dead body was generic product of parents of deceased -  Doctor conducting…
NISHANT
NISHANT MEHROTRA 16 Jan 2018 11:20am
IBC 2016 - Where no debt is outstanding against corporate debtor and the committee of creditors recommended closing insolvency proceeding, the resolution plan submitted by the Insolvency resolution professional is to be accepted and insolvency proceeding is to be closed
920 0 0
NCLT (Kolkata Bench) :: in Parker Hannifin India (P.) Ltd. vs. Prowess International (P.) Ltd. :: Insolvency and Bankruptcy Code, 2016 – Section 9 read with section 30(4) – Corporate insolvency resolution process – Initiation by operational creditor – No debt is outstanding against corporate debtor and committee of directors recommending closure of…
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