This page contains notable observations of different Courts of India and abroad which is a settled law now.
Shaileshbhai vs. St. of Gujarat [Criminal Appeal No. 1884/2013] FIR can be quashed despite filing of charge-sheet by the investigating officer 7. The question of law involved in these two appeals as to whether quashing of the FIR should have been refused for no other reason than that the investigating officer has filed the charge-sheet […]
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Jacob Mathew vs. State of Punjab and Another [(2005) 6 SCC 1] Difference between negligence under civil law and criminal law 12. The term “negligence” is used for the purpose of fastening the defendant with liability under the civil law and, at times, under the criminal law. It is contended on behalf of the respondents
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Bombay Hospital and Medical Research Centre vs. Asha Jaiswal and Others [(2021) 19 SCC 1] Doctor is not expected to remain on the bedside of the patient throughout his stay in the hospital 26. It is a case where the patient was in serious condition impending gangrene even before admission to the hospital but even
Sharif Ahmed and Another vs. State of Uttar Pradesh and Another [2024 SCC OnLine SC 726] Mere expression of words without any intent to cause alarm is not sufficient to constitute offence of criminal intimidation 38. An offence of criminal intimidation arises when the accused intendeds to cause alarm to the victim, though it does
Arvindbhai Maganlal Master vs. State of Gujarat [2014 SCC OnLine Guj 13301] Elements of criminal breach of trust and cheating under the Indian Penal Code The offences of criminal breach of trust (Section 406 IPC) and cheating (Section 420 IPC) have specific ingredients. In order to constitute a criminal breach of trust (Section 406 IPC).
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Kirshna Texport and Capital Markets Limited vs. Ila A. Aggarwal & Ors. (2015) 8 SCC 28 No requirement of individual notices to Directors of company in cheque dishonour cases 16. Section 141 states that if the person committing an offence under Section 138 is a company, every Director of such company who was in charge
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Dharampal Singh vs. State of Punjab (2010) 9 SCC 608 What is conscious possession in NDPS cases? 13. It needs no emphasis that the expression “possession” is not capable of precise and completely logical definition of universal application in the context of all the statutes. “Possession” is a polymorphous word and cannot be uniformly applied,
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Sanjay Chandra v. CBI [(2012) 1 SCC 40] Necessity is the operative test while adjudicating bail applications 21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object
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Siddharam Satlingappa Mhetre v. State of Maharashtra [(2011) 1 SCC 694 Factors to be considered while dealing with anticipatory bail 112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail: (i) The nature and gravity of the accusation and the exact role of the accused must be properly
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Siddharam Satlingappa Mhetre v. State of Maharashtra [(2011) 1 SCC 694] Arrest should be avoided where the accused has joined and would continue joining investigation 89. It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion must be exercised on the basis of the available
