AI Overview...
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Check Period Selection - The courts emphasize that the check period must reflect the allegations accurately and should not be arbitrarily chosen by the investigating officer. It should cover a reasonable duration to provide a comprehensive picture of assets or wealth acquisition, avoiding arbitrary or very small periods. Jomon Puthenpurackal vs State of Kerala Represented by The Public Prosecutor - Kerala, Abdul Rasheed S/o Pokkerkutty VS State of Kerala - Kerala, K. S. Shibu, S/o. Kamaleshwan VS State Of Kerala - Kerala
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Arbitrary Choice - Several cases highlight that courts have found the selection of check periods to be arbitrary when the period is too small, curtailed without justification, or not aligned with the nature of the case. For example, in one case, the prosecution arbitrarily curtailed the period from January 1998 to November 2000, ignoring the broader timeline of assets. Ashok Kumar Kapoor VS Central Bureau of Investigation - Delhi
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Specificity and Historical Background - When a period is chosen based on historical or statutory reasons, courts have upheld its validity, indicating that periods chosen with rational basis are not arbitrary. For instance, the date 26-8-1957 was selected due to its historical significance, not arbitrarily. Chintapalli Achaiah VS P. Gopalakrishna Reddy - Andhra Pradesh
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Principles of Natural Justice - Courts have also scrutinized whether the authorities acted arbitrarily or in violation of natural justice when selecting check periods. Arbitrary selection or failure to justify the period can lead to the setting aside of decisions or convictions. Feedback Infra Private Ltd. VS State of J. &K. - Jammu and Kashmir
Analysis and Conclusion:
The prevailing legal view is that the check period in criminal or quasi-criminal cases cannot be arbitrarily chosen. It must be reasonable, justified by allegations, and based on rational or historical grounds. Arbitrary selection of a small or curtailed period is generally deemed unlawful, as it undermines the principles of fairness and comprehensive assessment. Courts tend to uphold periods that are well-founded and reflect the scope of the case, ensuring that investigations are fair and justified.
Search Results for "Can Check Period in Da Case be Arbitrarily Chosen"
1990 0 Supreme(Mad) 479 • India - Madras
T.S.ARUNACHALAM
It is, therefore, premature for the petitioner to contend, that the check period has been arbitrarily chosen. As rightly pointed out by the Full Bench of this Court in K. ... of receipt of this memo." * ... It was submitted, that the check period chosen by the investigating agency, has been stated in the memo and the Forms I to VI which were forwarded for furnishing details, appeared to have been printed, for the C.B.I., probabilising those forms having ... Ramaswami....
2025 0 Supreme(Ker) 478 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
period must reflect the allegations accurately. ... (Paras 48 , 62 ) Ratio Decidendi: The court ruled that the exclusion of the period ... (Paras 62 , 66 ) Facts of the case: The petitioner alleged that ... The check period selected by the prosecution shall cover a reasonable period of time. The period shall not be very small and arbitrarily chosen by the investigating officer to project acquisition of wealth by a public servant....
2025 Supreme(Online)(KER) 15826 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
period must reflect the allegations accurately. ... (Paras 48, 62) ... ... Ratio Decidendi: The court ruled that the exclusion of the period during ... (Paras 62, 66) ... ... Facts of the case: ... The petitioner alleged that the respondent acquired ... The check period selected by the prosecution shall cover a reasonable period of time. The period shall not be very small and arbitrarily chosen by the investigating officer to pr....
2024 0 Supreme(Ker) 225 • India - Kerala
K. BABU
The choice of the check period for establishing disproportionate assets was also deemed reasonable. ... The court also held that the choice of the check period for establishing disproportionate assets was reasonable. ... period for establishing disproportionate assets. ... The period selected shall be a reasonable period of time. It shall not be very small and arbitrarily chosen by the Investigating Officer to project the acquisitio....
2021 0 Supreme(Ker) 749 • India - Kerala
R.NARAYANA PISHARADI
period chosen by the prosecution. ... period chosen by the investigating officer. ... The court found that the check period chosen by the investigating officer was too small to provide a comprehensive picture of the ... The check period selected by the prosecution shall cover a reasonable period of time. The period shall not be very small and arbitrarily chosen ....
2019 0 Supreme(Del) 1244 • India - Delhi
SUNIL GAUR
period. ... period. ... the appellant and the curtailed check period, and set aside the conviction and sentence. ... January, 1990 to November, 2000 but the prosecution has arbitrarily curtailed it and has scrutinized the assets of appellant only for the period from January, 1998 upto November, 2000. ... Assuming for the sake of convenience that the ill gotten money had been acquired over a period of time albeit prior to the check period#HL....
2015 0 Supreme(Guj) 236 • India - Gujarat
V.M.SAHAI, R.P.DHOLARIA
days against the stipulated period of contract for 3 years with no grace period in tender documents - Conduct of respondent 2 and ... petitioner and is violative of Article 14 - Power of relaxation of non-essential condition of tender will not include power to allow chosen ... opportunity to others like petitioner - After floating the tender respondents 2 and 3 clearly altered and tailored material conditions arbitrarily ... However, the power of relaxation of non essential condition of a tender will not include the powe....
1977 0 Supreme(AP) 119 • India - Andhra Pradesh
ALLADI KUPPUSWAMI, A.RAMANUJULU NAIDU, S.H.SHETH
Os. exempting the societies from the provisions of Sub-section 31 (2) (b) relating to the period of extension. ... Os. exempting the societies from the provisions of Sub-section 31 (2) (b) relating to the period of extension. 2. ... There was no further extension of the period of the Managing Committee and apprehending that person in charge will be appointed to ... It was argued that the Registrar having taken such a view with regard to the exercise of power under Section 32 (7) (a), he must be taken to have acted arbitrarily#HL....
1965 0 Supreme(AP) 3 • India - Andhra Pradesh
A.GOPAL RAO, BASI REDDY
The Court found that this date had a historical background and was not chosen arbitrarily. ... The Court noted that the date of 26-8-1957 was chosen because it was the date on which a previous Notification had been issued under ... Fact of the Case: The petitioner challenged the validity of Section 32 (b) of the Andhra Pradesh Buildings (Lease, ... That is why 26/08/1957 seems to have been chosen, from which date in any case all the buildings throughout the State which were enjoying ....
2014 0 Supreme(J&K) 56 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
Finding of the Court: The court found that the respondents had acted arbitrarily and in violation of the principles ... Whether the respondents had acted arbitrarily and in violation of the principles of natural justice in rejecting the petitioner's ... Ratio Decidendi: The court held that the respondents had acted arbitrarily and in violation of the principles of natural justice ... Apart from the fact that the respondents have chosen to flout the principles of natural justice to the hilt, it is settled law that when....
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