Criminal trial -- Factum of an earlier conviction may be relevant for the purpose of sentence but cannot be a ground for conviction per se...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........
Indian Penal Code, 1860, Section 307, 323, 34Offence - - A-2 and A-3 were not armed at the time of occurrence - They attacked injured with fit and kicked with sticks - Accused held, rightly acquitted u/ss 307, 34 IPC - So far as their conviction u/ss 323, 34 IPC is concerned, High Court rightly reduced their sentence to period already undergone by them considering their..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court ordinarily looks for some..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Appellant challenged the very grant of bail on ground of arbitrary exercise of discretion ignoring relevant materials to be considered in application for bail - Since High Court proceeded under footing as if appellant had filed application only for cancellation of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Reasons must be assigned while granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail, antecedents of accused and manner in which offence u/s 302 IPC was committed not considered - These factors were relevant while considering bail application - Bail application dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail relevant factors not considered - Plea that accused has not violated any condition of grant of bail till date - Plea declined - Bail application dismissed...........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Appeal preferred by accused - Non-representation for accused - When there was no representation for accused, High Court ought not to have disposed of case on merits - Once appeal against conviction is admitted, it is duty of appellate Court either to appoint an advocate as amicus curiae or to..........
