Tags : government sanction, police officer, prosecution, encounter
read»
A victim's counsel cannot be given right to make oral arguments or examine and cross-examine witnesses(20.11.2019)
Present appeal arise out of judgment passed by the High Court of Calcutta in revisional application affirming the order passed by the Additional Distr.....
Tags : Prosecution, Victim's counsel, Participation
read»
In order to initiate prosecution under Section 70 of the IBC, the complaint has to be filed by the IBBI or Central Government or person authorized by Central Government(19.10.2023)
The instant appeal has been preferred against order passed by the National Company Law Tribunal, thereby, allowing the Application under Section 19(2).....
Tags : Prosecution, Cost, Imposition
read»
Inconsistent witness testimony fails to deter SC from relying on it(16.06.2016)
The Supreme Court overlooked discrepancies in the testimony of a prosecution witness, and upheld the conviction on its basis, determining the inconsis.....
Tags : assault, prosecution witness, discrepancy
read»
News
Gujarat HC: To Prosecute Person Under SC/ST Act, Accused Should Have Knowledge of Caste(18.02.2022)
Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must b.....
Tags : Gujarat High Court, Prosecution Under SC/ST Act
read»
Bombay HC Quashes Prosecution of 2 Former IFIN Auditors(22.04.2020)
Bombay High Court has quashed the prosecution of BSR Associates and Deloitte Haskins & Sells, auditors of the crisis-ridden IL&FS Financial Services (.....
Tags : Bombay High Court, Prosecution of 2 Former IFIN Auditors
read»
SC: Once Accused Makes Plausible Defence, Burden is on Prosecution to Negate it(29.07.2020)
Supreme Court has held that once a plausible version has been put forth by the defence at the examination stage of Section 313 of the Code of Criminal.....
Tags : Supreme Court, Burden on Prosecution
read»
Allahabad HC: Minor Discrepancy in Sample's Weight Can't Shake Roots of Prosecution's Case(29.04.2022)
Allahabad High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosec.....
Tags : Allahabad High Court, Forensic Laboratory, prosecution
read»
Kerala HC: Presumption u/s 29 POCSO Act Does Not Affect Obligation of Prosecution(06.08.2020)
Kerala High Court has observed that the presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 Act does not, in any.....
Tags : Kerala High Court, Obligation of Prosecution
read»
Delhi HC: Apprehension That Accused May Flee Not Enough for Rejecting Benefit of S.445 CrPC(13.04.2022)
Delhi High Court has observed that a mere apprehension communicated by the prosecution that the accused may flee the course of justice, cannot be the .....
Tags : Delhi High Court, apprehension, Section 445 Code of Criminal Procedure, 1973, prosecution
read»
Calcutta HC: Accused Shall be Given Opportunity to Explain Circumstances Appearing Against Him(17.05.2022)
Calcutta High Court has observed that while examining an accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), the prosecution is .....
Tags : Calcutta High Court, Section 313, Code of Criminal Procedure, 1973, prosecution
read»
Madras HC: Initiation of Malicious Prosecution by Income Tax Dept. is Abuse of Power(04.05.2022)
Madras High Court has ruled that the suppression of material facts, the intentional suggestion of falsehood and the non-application of mind shows that.....
Tags : Madras High Court, Income Tax department, malicious prosecution, falsehood
read»
SC: Witness Can't be Recalled for Giving Different Statement in Another Case Relating to Same Event(23.06.2022)
Supreme Court has held that merely because a different statement was given by prosecution witness in another case relating to the same incident, that .....
Tags : Supreme Court, Recalling Witness, Prosecution Witness
read»
Karnataka HC Stays Govt Order Dropping Criminal Prosecution in 61 Cases Against Elected Representativ(21.12.2020)
Karnataka High Court has stayed the government order dated 31st August, 2020 by which it had decided to drop criminal prosecution in 61 cases against .....
Tags : Karnataka High Court, Criminal Prosecution Against Elected Representatives
read»
SC: Can’t Dismiss Application on Ground That it Will Lead to Filling Loop Holes of Prosecution Case(09.08.2022)
Supreme Court has held that an application under Section 311 Code of Criminal Procedure (CrPC) cannot be dismissed merely on the ground that it will l.....
Tags : Supreme Court, CrPC, Loop-Holes, Prosecution Case
read»
SC Refuses to Issue Guidelines on Compensation for Victims of Wrongful Prosecution(22.08.2022)
Supreme Court while dismissing petitions seeking uniform compensation code for victims of wrongful prosecution, has held that it will it will create a.....
Tags : Supreme Court, Uniform Compensation Code, Wrongful Prosecution
read»
P&H HC: Bail May Be Granted If Case Not Concluded in 60 Days from initiation of Prosecution Evidence(22.08.2022)
Punjab and Haryana High Court has held that in terms of Section 437(6) of Code of Criminal Procedure (CrPC), bail ought to be granted where the trial .....
Tags : Punjab and Haryana High Court, Bail, Prosecution Evidence
read»
Supreme Court: Prosecution Case Can't Be Negated on Ground That It Was a Case of Group Rivalry(18.04.2017)
Supreme Court has held that when there are eyewitnesses, including injured witness who fully support prosecution case which proved roles of different .....
Tags : Supreme Court, Group Rivalry, Prosecution Case
read»
Bombay High Court Sets Aside Rape Conviction For Infirmities in Evidence of Prosecution(24.04.2017)
Bombay High Court has set aside rape conviction of one Anant Shivde, giving him benefit of doubt after it was found that evidence of prosecution suff.....
Tags : Bombay High Court, Prosecution, Evidence, Rape
read»
Allahabad HC: Victim Has No Right to Drop Case of Non-Compoundable Offence of Heinous Nature(29.09.2022)
Allahabad High Court has held that a victim has no right in law to drop case of non-compoundable offence of heinous nature which badly affects society.....
Tags : Allahabad High Court, Victim, Non-Compoundable, Prosecution
read»
J&K&L HC: Action for Malicious Prosecution Generally Doesn't Lie Against Civil Proceedings(28.11.2022)
Jammu and Kashmir & Ladakh High Court has held that no action can be brought as a general rule in the cases of civil proceedings even though the same .....
Tags : Jammu and Kashmir & Ladakh High Court, Malicious Prosecution, Civil
read»
J&K HC Seeks Government's Response in Plea Against Separate Prosecution Wing for J&K(25.02.2021)
Jammu and Kashmir High Court has issued notice to the Union Territory administration on a Public Interest Litigation challenging a Government Order fo.....
Tags : Jammu and Kashmir High Court, Jammu and Kashmir Prosecution Service
read»
SC: PMLA Prosecution Can’t Continue if Accused is Discharged from Scheduled Offence(07.11.2022)
Supreme Court has held that prosecution under the Prevention of Money-Laundering Act (PMLA) cannot continue if the accused is discharged from the sche.....
Tags : Supreme Court, PMLA, Prosecution
read»
SC: Accused Has Right to Receive Material from Prosecution Even if Draft Criminal Rules Not Adopted(09.11.2022)
Supreme Court has held that an accused has right to receive the list of the statements, documents, material, etc. in the possession of the prosecution.....
Tags : Supreme Court, Draft Rules, Prosecution
read»
Supreme Court Issues Notice on Pleas for Compensation to Victims of Wrongful Prosecution(23.03.2021)
Supreme Court has issued notice on a Public Interest Litigation filed by advocate and BJP leader Ashwini Kumar Upadhyay, seeking directions to the Cen.....
Tags : Supreme Court, Compensation of Victims of Wrongful Prosecution
read»
JKL HC: Can’t Proceed With Prosecution Against Partners Without Arraigning Firm as Accused(20.02.2023)
Jammu and Kashmir and Ladakh High Court has held that existence of Section 66 in the Food Safety and Standard Act 2006 is a clear indicator of the fac.....
Tags : Jammu and Kashmir and Ladakh High Court, Food Safety and Standard Act, Prosecution
read»
Madras HC Issues Guidelines for Extending Limitation Period in Criminal Cases(06.03.2023)
Madras High Court while criticizing the prosecution for failure to file application for extension of limitation while dealing with FIR related to sexu.....
Tags : Madras High Court, Guidelines, Limitation, Prosecution
read»
SC: Declarants of Exotic Live Species Ownership Immune from Prosecution as Per 2020 MoEFCC Advisory(28.03.2023)
Supreme Court has held that individuals who have made declaration of ownership of 'exotic live species' in accordance with 2020 advisory issued by MoE.....
Tags : Supreme Court, Exotic Live Species, Immune, Prosecution, MoEFCC
read»
Del HC: Prosecution Can’t Only Recite from Complaint to Oppose Bail in Cases With Add. Conditions(03.05.2023)
Delhi High Court has observed that prosecution can’t only recite from complaint while opposing bail plea, he would have to establish foundational fact.....
Tags : Delhi High Court, Prosecution, Bail, Twin Condition
read»
SC: While Recording Statement Involving Large Number of Prosecution Witnesses, Utilize S.313(5) CrPC(16.05.2023)
Supreme Court has opined that while recording statement under Section 313 of CrPC in cases involving large number of prosecution witnesses, Judicial O.....
Tags : Supreme Court, Statement, CrPC, Prosecution Witnesses
read»
P&H HC: Specific Time Limit for Grant of Sanction for Prosecution Under UAPA Rules 2008 is Mandatory(23.05.2023)
Punjab and Haryana High Court while observing that time grant for prosecution sanction under UAPA (Recommendation and Sanction of Prosecution) Rules, .....
Tags : Punjab and Haryana High Court, Prosecution Sanction, UAPA, Bail
read»
Ker. HC: Acts Done by Bank Officials While Taking Possession are Protected Under SARFAESI Act(25.05.2023)
Kerala High Court while observing that action taken by the officials of the bank under the SARFAESI Act is neither unquestionable nor treated as sacro.....
Tags : Kerala High Court, Bank Officials, SARFAESI, Prosecution
read»
SC: Sanction for Prosecution U/S 197 CrPC Required for Acts Done in Excess of Official Duty(19.06.2023)
Supreme Court has held that sanction for prosecution under Section 197 CrPC is required not only for acts done in discharge of official duty but also .....
Tags : Supreme Court, Sanction, Prosecution, Official Duty
read»
Prosecution Norms Relaxed for TDS, I-T Return Filing Defaults(12.09.2019)
Central Board of Direct Taxes has relaxed some norms relating to prosecution of income tax defaulters for delay in depositing TDS (tax deducted at sou.....
Tags : Prosecution, TDS
read»
SC: Witness Cannot be Prosecuted for Perjury for Inconsistent Statements Before Court(04.08.2021)
Supreme Court has observed that a witness cannot be prosecuted for perjury under Section 193 of the Indian Penal Code, 1860 merely because he made inc.....
Tags : Supreme Court, Prosecution for Perjury
read»
Del HC: Awarding Effective Opportunity to Accused Can’t Mean Lack of Opportunities to Prosecution(05.07.2023)
Delhi High Court while observing that it is the duty of trial court to ensure that prosecutor is not arbitrarily denied opportunity to avail legitimat.....
Tags : Delhi High Court, Prosecution, Opportunities
read»
Apex Court: Protection from Criminal Prosecution not Available to PSU Employees(20.08.2019)
Apex Court has ruled that protection from criminal prosecution is not available to those public servants who work in government companies or undertaki.....
Tags : Apex Court, Criminal Prosecution
read»
SC: Duty on the Prosecution is to Lead Only Such Evidence, Which it is Capable of Leading(07.08.2023)
Supreme Court while observing that law does not enjoin a duty on the prosecution to lead evidence of such character, which is almost impossible to be .....
Tags : Supreme Court, Prosecution, Evidence
read»
SC Sets Aside P&H HC’s Directions on Appearance of Prosecution Witnesses(14.08.2023)
Supreme Court has set aside directions issued by the Punjab & Haryana High Court in 2022 regarding the issuance of summons to prosecution witnesses in.....
Tags : Supreme Court, Directions, Prosecution Witnesses, Appearance
read»
SC Bars Withdrawal of Criminal Prosecution Against MPs/MLAs Without Permission of HC(10.08.2021)
Supreme Court has directed that no prosecution against MPs and MLAs will be withdrawn without the permission of the High Court of the concerned state......
Tags : Supreme Court, Criminal Prosecution Against MPs/MLAs Without Permission of HC
read»
Kar. HC: Not Every False Statement Made in Court Must be Subject to Prosecution(29.09.2023)
Karnataka High Court while observing that not every false statement that is intended must be the subject matter of the prosecution, has held that Cour.....
Tags : Karnataka High Court, False Statement, Prosecution
read»
Kerala HC Directs State to Address Police Officers Deposing Against Prosecution in Criminal Cases(16.09.2021)
Kerala High Court has directed the State government to address the issue of police officers deposing against prosecution in criminal cases after their.....
Tags : Kerala High Court, Police Officers Deposing Against Prosecution
read»
SC:Proceedings U/S 218 IPC Cannot be Initiated Because Prosecution Failed to Establish its Case(13.11.2019)
Supreme Court has observed that merely because the acquittal of the Accused was premised on the assessment that the prosecution had failed to establis.....
Tags : SC, Prosecution
read»
Kerala HC: Sanction Order to Contain Reasons for Sanction for Prosecution of Public Servant(29.11.2021)
Kerala High Court has observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the pu.....
Tags : Kerala High Court, Sanction for Prosecution of Public Servant
read»
Mad. HC: Trial won’t be Vitiated if Procedural Lapses Don’t Cause Any Dent in Prosecution(24.11.2023)
Madras High Court has held that if it is found that the procedural lapses have not impacted or caused any dent in the prosecution case or while apprec.....
Tags : Madras High Court, Procedural Lapses, Prosecution
read»
SC: High Courts Must Quash Vexatious Criminal Prosecutions(30.11.2023)
Supreme Court has observed that protection against vexatious and unwanted prosecution either through quashing an FIR/Complaint or by allowing an appea.....
Tags : Supreme Court, Criminal Prosecutions, Vexatious, Quash
read»
SC Disagrees Proposal to Allow State to Withdraw Criminal Cases Against Malicious Prosecution(26.08.2021)
Supreme Court has disagreed with a proposal to allow state governments to withdraw criminal cases against sitting and former MPs/MLAs on ground of mal.....
Tags : Supreme Court, Cases Against Malicious Prosecution
read»
Chhattisgarh HC: Validity of Section 148 Notices Issued Between March 1 to June 30 Due to Covid Lockd(06.09.2021)
Kerala High Court has held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public.....
Tags : Kerala High Court, Prosecution Against Public Servants
read»
SC: No Obligation to Frame Charges if Offence Not Made Out from Evidence Admitted by Prosecution(05.12.2023)
Supreme Court has held that if the necessary ingredients of an offence are not made out from the admitted evidence of the prosecution, then the Court .....
Tags : Supreme Court, Charges, Evidence, Prosecution
read»
KHC : No Immunity to Companies from Prosecution Where Punishment Prescribed is Mandatory Imprisonment(13.01.2020)
Karnataka High Court (KHC) has held that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offenc.....
Tags : KHC, Prosecution
read»
SC: Non-Explanation of Injuries on Accused Will Create Doubt on Prosecution’s Case(06.11.2023)
Supreme Court has held that non-explanation of injuries on the persons of the accused would create a doubt, as to, whether the prosecution has brought.....
Tags : Supreme Court, Prosecution, Injuries
read»
Bombay High Court: In Absence of Karta, Any Member of Family May Prosecute Suit(20.01.2020)
Bombay High Court has held that where a Karta has not been appointed, any member of the Hindu Undivided Family may represent the family in the capacit.....
Tags : Bombay High Court, Prosecution of Suit in Absence of Karta
read»
SC: Fact not Stated by Witness u/s 161 CrPC Can’t be Sought to be Proved by Prosecution(05.01.2024)
Supreme Court has held that Prosecution cannot seek to prove a fact during trial through a witness which such witness had not stated to police during .....
Tags : Supreme Court, Prosecution, Witness, Investigation
read»
Ker. HC: Unintended Mistake of Magistrate Cannot Attract Prosecution u/s 228 IPC(11.01.2024)
Kerala High Court while observing that inadvertent mistake on part of Magistrate can’t lead to action u/s 228 IPC, has held that judicial officers are.....
Tags : Kerala High Court, Inadvertent Mistake, Prosecution, Judges
read»
Supreme Court: Efforts to Settle Civil Disputes Through Criminal Prosecution Must be Avoided(23.01.2024)
SC while observing that mere breach of contract doesn’t amount to an offence u/s 420 or 406 of IPC unless dishonest intention is shown, has held that .....
Tags : Supreme Court, Civil Disputes, Criminal Prosecution
read»
Del. HC: ITSC Can Only Grant Immunity from Penalty & Prosecution in Case of Full & True Disclosure(15.04.2024)
Delhi High Court has held that the power to grant immunity from penalty and prosecution is entrusted to the Income Tax Settlement Commission (ITSC) on.....
Tags : Delhi High Court, Income Tax Settlement Commission, Penalty & Prosecution, True Disclosure
read»
SC: Tainted' Officials Lose Anti-Prosecution Shield when Transferred(08.09.2016)
SC, while providing investigating agencies a significant handle to go after officials accused of corruption, has ruled that no sanction will be requir.....
Tags : SC, Anti-Prosecution Shield, Tainted' Officials
read»
Supreme Court: Prosecution Witness Identifying Accused at Police Station Not Proper TIP(18.03.2024)
Supreme Court while acquitting the accused, has held that the process of prosecution witness identifying accused persons at the police station cannot .....
Tags : Supreme Court, Prosecution Witness, Test Identification Parade
read»
MP HC: Conducting Preliminary Enquiry Not Sine Qua Non for Direction for Prosecution(07.02.2022)
Madhya Pradesh High Court has held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution under Section 195.....
Tags : Madhya Pradesh High Court, Sine Qua Non for Direction for Prosecution
read»