17 February 2020

Search Results for Tag : Offence


Mere presence in an unlawful assembly cannot render a person liable unless there was a common object(20.10.2016)

By present revision petition, Petitioner seeks setting aside of order passed by Additional Sessions Judge discharging Respondents from offence punisha.....

Tags : Offence, Provision, Applicability


Tribunal has jurisdiction to compound the offence where alternative punishment of fine is prescribed in place of imprisonment and where no case is pending before the Special Court(29.08.2017)

Present appeal is filed against impugned order passed by the National Company Law Tribunal. The Appellants failed to file its Annual Return for the fi.....

Tags : Offence, Compounding of, Jurisdiction


Court has discretion to close the proceedings on being satisfied that, complainant has been duly compensated even in absence of consent for compounding of offence(05.10.2017)

Present appeals have been preferred against the order of the High Court rejecting the prayer of the Appellants for compounding the offence under Secti.....

Tags : Offence, Compounding of, Grant


Mere presence of a knife on Appellant cannot impute pre-meditation on his part(23.12.2017)

The Appellant has impugned the judgment and the order on sentence passed by learned Additional Sessions Judge, whereby he has been convicted for commi.....

Tags : Conviction, Legality, Offence, Nature


If FIR, prima facie, discloses commission of an offence, Court does not normally stop the investigation(16.02.2018)

Present petition has been filed by the Petitioners seeking issuance of writ order or direction in the nature of Certiorari quashing the impugned F.I.R.....

Tags : Offence, Disclosure, Investigation


Socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail(20.03.2019)

Present is an application under Section 439 of Code of Criminal Procedure, 1973 (CrPC) praying for bail of Petitioner, who has been in detention in co.....

Tags : Socio-economic offence, Bail, Grant of


In a non-compoundable offence, compromise entered into between parties is a relevant circumstance for Court to consider quantum of sentence(22.07.2019)

Present appeal arises out of judgment passed by the High Court by which the High Court has acquitted Accused-Ranjit Singh from the charges by giving h.....

Tags : Offence, Compromise, Imprisonment, Reduction


Discretion to grant or deny pre-arrest bail cannot be exercised de hors the gravity of offence(20.08.2019)

In first application, Petitioner seeks pre-arrest bail in FIR registered under Section 120B read with Section 420 of Indian Penal Code, 1860 (IPC) and.....

Tags : Pre-arrest bail, Grant, Offence, Seriousness


FIR cannot be registered without sanction of Competent Authority in TADA Offences(16.10.2019)

Present appeal by the Accused is directed against the order passed by the Designated TADA Court whereby the application filed by the Accused that, the.....

Tags : TADA offence, Sanction, Requirement


Playing rummy for stakes amounts to gambling and comes under the purview of Gaming Act(11.10.2019)

Present review petitions are filed by third parties seeking review of judgment by which this Court held that "playing rummy for stakes" within the clu.....

Tags : Rummy, Stakes, Offence


Notifications & Circulars

Relaxation of time-Compounding of Offences under Direct Tax Laws-One-time measure(09.09.2019)

The Central Board of Direct Taxes (CBDT) has been issuing guidelines from time to time for compounding of offences under the Direct Tax Laws, prescrib.....

Tags : Compounding, Offences, Time, Relaxation


Celebrity Endorsements(01.08.2017)

The Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution, which examined the Consumer Protection Bill, 2015, has recomme.....

Tags : Celebrity, Endorsements, Offence, Fine



Supreme Court: Road Traffic Offences can be Prosecuted both under IPC and MV Act(09.10.2019)

Supreme Court has ruled that road traffic offences can be prosecuted under the Motor Vehicles Act, 1988 (MV Act) as well as the Indian Penal Code, 186.....

Tags : Supreme Court, Traffic Offences


Delhi High Court: Jilting One’s Lover Despite Sexual Relationship Does not Constitute Offence(11.10.2019)

Delhi High Court has observed that jilting a lover despite sexual relationship, however abhorrent it may seem, is not an offence. The Court further sa.....

Tags : Delhi High Court, Offence


CBDT Extends Deadline for Compounding of Income Tax Offences(06.01.2020)

Central Board of Direct Taxes has extended the last date for taxpayers to avail a “one- time” facility to apply for compounding of income tax offences.....

Tags : CBDT, Income Tax Offences


Supreme Court: Investigation in IPC Offences Cannot Be Quashed for Non-investigation of SC-ST Offence(20.01.2020)

Supreme Court has observed that when the offence complained are both under Indian Penal Code, 1860 and Scheduled Castes and Scheduled Tribes (Preventi.....

Tags : Supreme Court, Investigation of SC- ST Offences


Gujarat HC: To Compound Tax Evasion Offences, Assessee Should Pay Whole Tax Amount Evaded(31.01.2020)

Gujarat High Court has held that 100% of the tax sought to be evaded is to be paid for compounding of a tax evasion offences under Section 276C (1) of.....

Tags : Gujarat High Court, Compounding of Tax Evasion Offence


CESTAT, Mumbai: Application for Compounding of Offence Can Not be Rejected on Technical Grounds(20.02.2020)

Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the purpose of compounding of offence against the payment of compoundin.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Application for Compounding of Offence


Supreme Court Issues Notice on Plea to Protect Identity of Accused in Sexual Offences(30.07.2019)

Supreme Court has issued notice on a plea seeking protection of identity, reputation and integrity of individuals accused of sexual crimes till comple.....

Tags : Supreme Court, Sexual Offences


Lok Sabha Passes Protection of Children from Sexual Offences (Amendment) Bill, 2019(02.08.2019)

Lok Sabha has passed the Protection of Children from Sexual Offences (Amendment) Bill, 2019. The Bill, which has already been passed in Rajya Sabha, d.....

Tags : Lok Sabha, Protection of Children from Sexual Offences (Amendment) Bill, 2019


Delhi High Court: Offenders of Sexual Offences on Innocent Children are Psychosocial Deviants(13.06.2019)

Delhi High Court has noted that offenders of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency. Mak.....

Tags : Delhi High Court, Sexual Offences, Children


CBDT Issues New Norms for Compounding of Offences(17.06.2019)

Central Board of Direct Taxes (CBDT) has issued new norms for compounding of offences under black money law. These will replace the old Guidelines. Th.....

Tags : CBDT, Compounding of offences


Supreme Court: No Compromise Between Parties in Non-Compoundable Offences(24.07.2019)

Supreme Court has held that no permission can be granted to record the compromise between the parties in non-compoundable offences. The Court noted th.....

Tags : Supreme Court, Non-Compoundable Offences


Rajya Sabha Passes Protection of Children from Sexual Offences (Amendment) Bill, 2019(25.07.2019)

Rajya Sabha has passed Protection of Children from Sexual Offences (Amendment) Bill, 2019 entailing amendments to the Protection of Children from Sexu.....

Tags : Rajya Sabha, Protection of Children from Sexual Offences (Amendment) Bill, 2019


Sexual Offences Against Children Involve Moral Turpitude & Delinquency: Bombay High Court(28.06.2018)

Bombay High Court has observed that offences committed against children involves moral turpitude or moral delinquency and requires exemplary treatment.....

Tags : Bombay High Court, Sexual Offences


Sexual Offences Against Children Involve Moral Turpitude & Delinquency: Bombay High Court(28.06.2018)

Bombay High Court has observed that offences committed against children involves moral turpitude or moral delinquency and requires exemplary treatment.....

Tags : Bombay High Court, Sexual Offences


Supreme Court Rejects Plea to Make Electoral Offences Cognisable(28.08.2018)

Supreme Court has dismissed a plea that sought a minimum punishment of two years for electoral offences, including bribery, false statement, undue inf.....

Tags : Supreme Court, Electoral Offences


Delhi High Court: Matching of DNA Samples Not Needed to Prove Sexual Offence(03.05.2018)

Delhi High Court has said that the matching of DNA samples cannot necessarily be a ground to prove sexual offence.

Tags : Delhi High Court, Sexual Offence


Delhi HC: No Arrest of Accused in Cognizable Offence Where Sentence is Beyond 7 Years(03.11.2017)

Delhi High Court has clarified that an investigation agency is not obliged to arrest any accused in a cognizable offence where the sentence is beyond .....

Tags : Delhi High Court, Cognizable Offence


Delhi High Court: “Economic Offences Need To Be Treated With Heavy Hand”(18.09.2017)

Delhi High Court has held that economic offences need to be dealt with a heavy hand and releasing such accused on bail will affect the community at la.....

Tags : Delhi High Court, Economic Offences


Supreme Court: Web Majors Objecting to Panel Recommendations Strange(19.09.2017)

Supreme Court has said it was “very strange” that internet majors were objecting to making public certain recommendations in a report of a panel set u.....

Tags : Supreme Court, sexual offences


Bombay HC Constantly Following or Watching Child With Bad Intention Is Offence Under POCSO Act(04.10.2017)

Bombay HC has ruled that if a person with sexual intent repeatedly or constantly follows or watches or contacts a child either directly or through oth.....

Tags : Bombay HC , Protection of Children from Sexual Offences (POCSO) Act


Delhi HC: Protect Identity of Minors Subjected to Sexual Offences(13.12.2016)

Delhi High Court has said that identity of minors subjected to sexual offences should not be disclosed anywhere in judicial record.

Tags : Delhi High Court, sexual offences, minors


Supreme Court Seeks Centre’s Opinion over Conflict Between POSCO, IPC(06.01.2017)

Supreme Court has asked Central Government to examine need to amend a colonial-era provision in IPC that provides immunity to a man from being prosecu.....

Tags : Supreme Court, Indian Penal Code, Protection of Children of Sexual Offences, Rape


Bombay High Court Says No to Interrogation At Night For Petty Offence(10.03.2017)

Bombay High Court has suggested that police should as far as possible not interrogate accused charged with petty offences at night.

Tags : Bombay High Court, Petty Offence, Interrogation


Patna High Court: Gazette Notification Not Sine Qua Non For Setting Up EOPS(16.03.2017)

Patna High Court has held that there is no requirement in law that an ‘Economic Offence Police Station’ (EOPS) can only be created by a Gazette Notifi.....

Tags : Patna High Court, Economic Offence Police Station


Supreme Court Upholds Bihar Notification Authorizing Officers Below DySP Rank to Probe SC/ST Offences(19.04.2017)

SC has upheld a notification issued by Bihar Government authorizing all officers of rank of police inspector, sub-inspector of police and assistant su.....

Tags : Supreme Court, SC/ST Offences


Supreme Court Says 'No' to Common Trial For Distinct Offences(09.05.2017)

Supreme Court has said that a general conspiracy which gives birth to a cascade of distinct offences committed in various places spread over several y.....

Tags : Supreme Court, distinct offences


Bombay HC Slams Commissioner of Police for Transferring Case on Accused’s Request(07.11.2016)

Bombay High Court has restrained Economic Offences Wing (EOW) of Mumbai police from carrying out any investigation into alleged forgery and fabricatio.....

Tags : Bombay High Court, Economic Offences


SC Slams Centre for Failure to Check Cyber Crimes Against Women(22.11.2016)

Supreme Court has slammed Centre for not being “serious” in dealing with increasing number of cyber crimes related to sexual offences against women.

Tags : Supreme Court, cyber crimes, sexual offences, women


Madras HC's Observation on Victims’ Right to Prefer Appeals(06.05.2016)

Madras HC has held that a victim of a criminal offence would not cease to fall under definition of term ‘victim’ and lose his right to prefer appeal b.....

Tags : Madras HC, criminal offence


Delhi HC Orders Rs 3 Lakh Compensation to Boy Sexually Assaulted in School(25.07.2016)

Delhi HC has awarded Rs 3 lakh as compensation to a minor boy who was sexually assaulted in school by 3 senior students in 2013, observing that provis.....

Tags : Delhi HC, Protection of Children from Sexual Offences (POCSO) Act


Bombay HC to EOW: Investigate Builder Who Sold Redevelopment Flats Of Allottees(26.09.2016)

Bombay HC has directed Economic Offences Wing (EOW) of Mumbai Police to investigate a case they registered against developer Shekhar Dadarkar on Sep. .....

Tags : Bombay HC, Economic Offences Wing


Delhi HC Upholds Jail Term of Two Men Who Raped a Minor(24.10.2016)

Delhi High Court, while taking a serious view of sexual offences against children, has upheld the jail term of two men who raped a minor girl.

Tags : Delhi High Court, sexual offences, Minor


International Cases

There must be weighty reason for reduction of degree of offence from murder to lesser offence of manslaughter(30.11.2016)

Appellant was convicted by a jury of murder of his partner. Appellant admitted in Court that he had killed deceased, and sole issue at his trial had b.....

Tags : Offence, Degree, Reduction


Sentencing is a discretionary exercise; an Appellate Court can intervene, only if, Appellant demonstrates either an express or implied material error(02.05.2018)

The Appellant was convicted after trial of being in possession of a prohibited drug, namely methylamphetamine, with intent to sell or supply it to ano.....

Tags : Offence, Knowledge, Sentence, Quantum


A person subject to a supervision order who, without reasonable excuse, contravenes a requirement of the order commits an offence(09.03.2018)

The Respondent has a history of violent sexual offending. He was last convicted of a serious sexual offence on 1st September, 2017. The offence was co.....

Tags : Sexual offence, Detention order, Continuation


Inferences could be drawn at trial only where Section was invoked(17.09.2018)

Matter Arising out of an incident which occurred on the 3rd June, 2009, Mr. Wilson, the Appellant, was arrested on suspicion of the unlawful possessio.....

Tags : Offence, Trial, Conviction, Validity


Court can refuse bail pending sentence where Applicant has been convicted of a serious offence that is very likely to result in a sentence of immediate imprisonment for a significant term(22.08.2019)

The Applicant is a 33 year old man who was found guilty for possession of methylamphetamine with intent to sell or supply, contrary to Section 6(1)(a).....

Tags : Serious offences, Bail, Grant


Top Story

Delhi High Court Decriminalizes Begging(08.08.2018)

Delhi High Court strikes down the provision as 'unconstitutional' which made 'begging' an offence. Further, High Court observed that, criminalizing be.....

Tags : Begging, Offence, Fundamental right, Violation


Lok Sabha Passes Bill Criminalizing Triple Talaq(28.12.2017)

The Minister of Law and Justice, Mr. Ravi Shankar Prasad tabled The Muslim Women (Protection of Rights on Marriage) Bill, 2017 in Lok Sabha. The bill .....

Tags : Triple talaq, Bill, Cognizable offence