Pages

▼
Showing posts with label criminal case. Show all posts
Showing posts with label criminal case. Show all posts
Saturday, 23 May 2026

Supreme Court: As per Order XII Rule 6 CPC, Admission Made In Criminal Case Can Be Used In Civil Proceedings

›
While dismissing the Second Appeal, the High Court took notice of the admissions made by the petitioner in the criminal proceedings and obse...
Sunday, 18 May 2025

Bombay HC: How to appreciate evidence of eye witness of accident in motor accident claim petition when said witness was relative of claimant?

›
Second witness of the claimant is Balasaheb Bongane CW-3. He states that he was proceeding on his motorcycle and witnessed the offending jee...

Bombay HC: Whether motor accident claim tribunal should rely on evidence of witness who is declared hostile in criminal court relating to same accident?

›
Mr. Choudhary, submits that evidence of eye witness is absolutely unreliable. They are got up witnesses. Perusal of evidence of CW 2 Santosh...
Sunday, 17 September 2023

Whether the high court can treat suit or criminal case as pending before trial court if judgment was delivered on Roznama?

›
In the present case it is clear from the reports that though orally some judgments was pronounced on 14/01/2019 as quoted earlier and recor...
Sunday, 18 September 2022

Whether it is necessary to hear accused before condonation of delay in criminal case?

›
  The learned Judicial Magistrate did not apply his mind on the said averments. It did not issue any notice upon the appellant to show cause...
Friday, 13 November 2020

Whether claimant in a motor accident case can prove his case by producing certified copy of deposition of witness recorded in a criminal case?

›
In all these authorities this Court as well as the Hon'ble Apex Court reiterated the basic principle that is required to be established ...
Tuesday, 4 August 2020

Kerala HC: Golden rules for framing of charge in Criminal case

›
A reading of the above charge itself would reveal that the charge is not framed in conformity with any of the relevant provisions of the c...

Whether the Appellate Court can add to or alter the charge in criminal case?

›
In Hasanbhai Valibhai Qureshi v. State of Gujarat MANU/SC/0302/2004 : AIR 2004 SC 2078, this Court held: Therefore, if during trial t...
Monday, 3 August 2020

Whether Appellate Court and the Revisional Court may pass a direction, that sentence granted to accused to run concurrently?

›
 It is settled position of the law that the direction to run the sentence concurrently may be passed by the Trial Court, Appellate Court a...
Tuesday, 28 July 2020

Whether Magistrate can refuse to accept the surrender of accused in bailable offence and direct him to surrender before investigating officer?

›
1) Heard the learned advocates appearing on behalf of the respective parties at length. The short question which is posed for consideratio...
Wednesday, 22 July 2020

Whether the court should hear accused before directing further investigation in a criminal case?

›
 In the case of Dinubhai Baghabhai Solanki (supra) after considering one another decision of this Court in the case of Sri Bhagwan Samardh...
Thursday, 16 July 2020

Supreme Court: Court can not hold observations made in other case laws on the point of appreciation of evidence regarding the credibility of a witness as precedent

›
  In the context of what value should be attached to the statements of the witnesses examined in this case, our attention has been invited...
Thursday, 5 March 2020

Whether court should give divorce on ground that wife had filed criminal case against husband if he has not taken that plea in his divorce petition?

›
  It cannot be in doubt that in an appropriate case the unsubstantiated allegation of dowry demand or such other allegation has been...
Friday, 24 May 2019

Whether evidence collected by investigating officer in criminal case can be treated as evidence in departmental enquiry?

›
Indisputably, a departmental proceeding is a quasi judicial proceeding. The Enquiry Officer performs a quasi judicial function. The charge...
Sunday, 12 May 2019

Whether claimant in motor accident claim petition can examine any witness who is not cited as witness in criminal case?

›
 Clearly, the evidence given by Bhagchand withstood the respondents’ scrutiny and the respondents were unable to shake his evidence. In t...
Wednesday, 10 October 2018

When court should not allow compounding of criminal case if it involves forgery?

›
 Having heard all sides and having gone through the record, this court finds that the gravamen of the charges framed against the petitione...
Sunday, 30 September 2018

Whether court has power to extend time for investigation of criminal case?

›
  We now turn to the subsidiary issue, namely, whether the High Court could have extended the period. The provisions of the Code do not e...
Sunday, 9 September 2018

Whether writ of habeas corpus can be issued if the magistrate has given police custody of accused?

›
  The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a re...
Saturday, 25 August 2018

Procedure to be followed by court if two views are possible on evidence adduced in criminal case

›
 We then pass on to another important point which seems to have been completely missed by the High Court. It is well settled that where o...
Wednesday, 30 May 2018

Supreme court: Trial of Civil / criminal cases can not be stayed for more than six months

›
 In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied.  Remedy is required not on...