By

Mohit Khandelwal & Associates
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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Brief Facts The Appellant was convicted for murder of her husband under section 302 and 201 of the IPC. The Appellant and the deceased husband were having soured relationship and the deceased used to beat the Appellant and his daughter regularly. On the fateful day, daughter of the deceased demanded some money from the deceased...
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Brief Facts The Appellant herein lodged a complaint in writing, addressed to the Sub-Divisional Magistrate (for short, “the SDM”) stating that the Respondent No.2 herein (original complainant) had put up a shop by encroaching upon some land and further alleged that the Respondent is creating nuisance, inter alia. During the pendency of such compliant the...
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Brief Facts State preferred the SLP against the judgment of the High Court whereby sentence for conviction under Section 304A IPC was reduced from 2 years to 8 months on the mitigating circumstance that accused belongs to a poor family. The accused was convicted for driving the Scorpio car in rash and negligent manner which...
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Brief Facts That on 15.03.2000 the appellant came to the residence of the prosecutrix and committed the offence punishable under Section 376 IPC, brandishing a knife and the Appellate ran away from the house on seeing the brother of victim. The father of the prosecutrix filed a complaint for quarrel alone as he felt that...
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