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Mohit Khandelwal & Associates
Brief Facts The prosecution presented that the prosecutrix, residing in a rented house in Delhi in 2009, was persuaded by the accused, a neighbor, who promised to marry her. This led to an illicit relationship, resulting in her pregnancy in 2011. Despite continuous assurances of marriage, the accused deceived the prosecutrix, leading to her filing...
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Brief Facts That the Appellant murdered his grandfather. The daughter of the deceased filed a FIR against the Appellant stating that the Appellant has murdered the 80 years old deceased with a sharp-edged weapon. A chargesheet was submitted for offences under Section 302 of the IPC, before the beginning of the Trial, the convict raised...
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Brief Facts The appellant, who was husband of the deceased, has filed the appeal challenging his conviction and sentence under sections 304B, 498A and 201 of IPC. In appeal filed by the convicts before the High Court, the conviction and sentence of Gurmeet Singh (brother-in-law) and Santo Kaur (mother-in-law) under Section 304B, 498A and 201...
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Brief Facts The Appellant is stated to have had an affair with one Suresh, who used to threaten her often. This led her to take the decision to commit suicide along with her children. Pursuant to her decision to adopt such a course of action, she bought pesticides and administered poison to her two children....
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Brief facts The three appellants (i.e. Accused no.5, Balla alias Farahat, No. 6 Habib, 7 Imran) filed appeals. The case against the three appellants in the appeals is of commission of an offence punishable under Section 411 of the Indian Penal Code, 1860 of dishonestly receiving stolen property. The allegation against them is that the...
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Brief facts What are the requirements to invoke the section 34 IPC? What is the effect of raising plea belatedly of not putting questions regarding the incriminating circumstances under section 313 CrPC? Issues What are the requirements to invoke the section 34 IPC? What is the effect of raising plea belatedly of not putting questions...
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Brief Facts Accused bank/original bank (i.e. LVB) allegedly misappropriated fixed deposit furnished as security by complainant (RFL). RFL had placed four FDs with the combined value of Rs. 750 Crore as security for short term loans. LVB extended loan to RHC holding and RANCHEN utilizing these FDs. Later the RHC defaulted in repaying the loan...
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Brief Facts The Appellants were convicted under Section 148, 323, 325 and 307 read with Section 149 IPC by the Sessions Court, which was confirmed by the High Court. They approached the Supreme Court on the ground that the incident was a scuffle wherein members of both the appellant and complainant party were injured. The...
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Brief Facts Sessions court convicted the accused under Section 302 read with section 149 IPC and directed for rigorous imprisonment for the remainder of life. High Court dismissed the appeals. SLP filed only to the extent of sentence. Issues Whether the Sessions Court can impose a modified punishment not mentioned in Section 53 IPC? Whether...
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Brief Facts The accused was convicted under Section 307 IPC by the Sessions Court which was upheld by the High Court against which the SLP was filed. Issues Whether use of small sized scissor to cause injury can attract Section 307 IPC? Held The Apex Court acquitted the Appellant under section 307 IPC considering the...
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