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 […]
Law in one Paragraph
This page contains notable observations of different Courts of India and abroad which is a settled law now.
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
C.B.I. vs. Ashok Kumar Aggarwal [(2014) 14 SCC 295] Principles governing sanction under section 19 of the Prevention of Corruption Act 8. In view of the above, the legal propositions can be summarised as under: (a) The prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statements, statements
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Prosecution needs to establish the nexus between the recovered object and the subject crime Pulukuri Kotayya and Others vs. King-Emperor [1946 SCC OnLine PC 47] …..Normally the section is brought into operation when a person in police custody produces from some place of concealment some object, such as a dead body, a weapon, or ornaments,
Anter Singh vs State of Rajasthan [(2004) 10 SCC 657] Conditions necessary for the application of section 27 of the Evidence Act 16. The various requirements of the section can be summed up as follows: (1) The fact of which evidence is sought to be given must be relevant to the issue. It must be
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