71. Aleyamma Mathew, W/o. T. V. Mathew VS State of Kerala, Represented By The Public Prosecutor, High Court of Kerala, Ernakulam - 28 Jan 20

If the court is not prepared to accept the affidavits filed or the tax receipts produced by the sureties, Section 441(4) of the Code provides that, the court may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the court, as to such sufficiency or fitness of the sureties-Pending the inquiry, the court may grant interim bail to the accused on his own bond and require him to produce sureties to the satisfaction of the court or direct the sureties to produce proper documents within a time to be fixed by it. If the offence is bailable, normally, the court shall release the accused on interim bail in such a contingency. However, an inquiry, as contemplated under Section 441(4) of the Code, is the exception rather than the rule.

Negotiable Instruments Act- Section 138 - The Code of Criminal Procedure, 1973- Section 482 -If the offence ... bailable, normally, the court shall release the accused on interim bail in such a contingency-An inquiry, as contemplated under Section ... The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 Finding ... Section 440(1) of the Code states that, the amount of every bail bond shall be fixed with due regard to the circumstances of the ... This Court has held as follows: I have no reason to assume that the learned Magistrate would follow any unreasonable practice or procedure

India - Kerala

72. Mary Angel VS State of Tamil Nadu - 13 May 99

Important PointThe rule of prohibition by necessary implication could be applied only where a specified procedure is laid down for the performance of a duty.

The Court pertinently observed “no legislative enactment dealing with procedure

India - Crimes

73. Subal Ghorai VS State of West Bengal - 02 Apr 13

Section 149 IPC – import.

302 r/w Section 149 of the IPC as also section 436 r/w 149 IPC. ... (a) Criminal Trial – Appreciation of evidence – Lady witness though related to the deceased and illiterate showing courage of filing ... (Para 12) ... Criminal Trial – Appreciation of evidence – Interested ... 147, 148, 302 read with Section 149, Section 324 read with Section 149 and Section 436 read with Section 149 of the Indian Penal ... 148 and Section 302 read with Section 149 of the IPC. ... Investigation of criminal cases

India - Crimes

74. Mirapa Suguna VS State of A. P. - 22 Jul 99

Where the case is one triable exclusively by a Court of Sessions under Section 202(2) proviso Cr. PC it is mandatory on part of magistrate to call upon complainant to produce all his witnesses.

Criminal Procedure Code, 1973 - Section 202(2) proviso – Accused summoned for offences under Sections 304,440, 506 and 509 IPC on ... 202 evolved a new procedure of examination of the witnesses. ... 304, 440, 506 and 509 read with Section 34 of Indian Penal Code and issued summons to the respondents-accused. ... . - This Criminal Petition is directed against the order in Crl. M.P. No. 1204 of 1999 in P.R.C.

India - Crimes

75. M. C. Mehta VS Union of India - 27 Nov 06

In Supreme Court monitored cases, this Court is concerned with ensuring proper and honest performance of its duty by CBI and the Supreme Court is not concerned with the merits of the accusations in investigation, which are to be determined at the trial on the filing of the charge sheet in the competent court, according to the ordinary procedure prescribed by law.

Section 157 thereof provides for the procedure for investigation, wherefor the only duty cast on the investigating ... As stated above, CBI was required to follow the procedure in Cr.PC. ... officer is to maintain his case diary in terms of Section 172 of the Code of Criminal Procedure. ... Section 157 thereof provides for the procedure for investigation, wherefor the only duty ... Prosecution on the other hand on the question as to whether there exists adequate evidence for judicial scrutiny in the case of criminal ... As stated above, CBI was required to follow the procedure in Cr.PC.

India - Supreme Court

76. Hradyansh (Minor) VS State of U. P. - 01 Dec 20

Point of law: The catena of decisions that speak about merits of the case or the charge against a juvenile being irrelevant, proceed on facts and not an assumption that a case on merits is made out and, not where the case is not at all made out prima facie. It is not that a child alleged to be in conflict with law against whom there is not iota of evidence to connect him to the crime would still have bail denied to him because his case may be placed in or the other disentitling categories under the proviso to Section 12(1) of the Act. If this kind of a construction were to be adopted it might expose the provisions of Section 12(1) of the Act to challenge on ground of violating the guarantee of equal protection of laws enshrined in Article 14 of the Constitution. It is an enduring principle that a construction that lends a statute to challenge about its constitutionality should be eschewed and one that saves and upholds its vires is to be adopted. In this context the guidance

proclivity or criminal psychology, in light of the observations of the D.P.O. does not have a criminal history; has been in confinement ... Section 102 of the Juvenile Justice (Care and Protection of Children) Act 2015 and affirming an order of Juvenile Justice Board, ... Result: – Criminal Revision Allowed ... procedure. ... (1) of Section 12 of the Act. ... proclivity or criminal psychology, in light of the observations of the D.P.O. does not have a criminal history; has been in confinement

India - Allahabad

77. C. M. Subramanian, S/o. Manikkan VS District Registrar General, Chembukkavu, Thrissur - 22 Jun 20

Public interest litigation has been entertained by relaxing the rules of standing. The essential aspect of the procedure is that the person who moves the court has no personal interest in the outcome of the proceedings apart from a general standing as a citizen before the court. This ensures the objectivity of those who pursue the grievance before the court. Environmental jurisprudence has developed around the rubric of public interest petitions. Environmental concerns affect the present generation and the future.

Thus, Public Interest Litigation which was initially created as a useful judicial tool to help the poor and weaker section ... (2) Instead of every individual Judge devising his own procedure for ... The essential aspect of the procedure is that the person who moves the court has no personal

India - Kerala

78. Subash @ Manikuttan VS State of Kerala - 20 Mar 19

Whether the appellant had the intention to kill the victim as alleged by the prosecution. Admittedly, no weapon is used in the case. Evidence clearly shows that the appellant stamped the victim multiple times on his chest and that resulted in fracture of his ribs. It is also in evidence that the victim went to his home and was there till he was found dead. It is also in evidence that the victim did not attempt to go to a hospital for getting medical attention. Even PW1 stated that he had a conversation with the appellant after the incident. The case was registered as one under Section 174 of Cr.P.C initially. The facts and circumstances of the case and the evidence on record did not show any pre-meditation or intention on the part of the appellant to commit murder of the victim. The hurt inflicted on the victim was a grave one and it can be seen that no weapon of offence is used. Court below seriously erred in finding the appellant guilty under Section 302 of I.P.C.

Court below seriously erred in finding the appellant guilty under Section 302 of I.P.C. ... Indian Penal Code- Section 302-No evidence to prove the commission of offence u/s 302 of I.P.C., grievous hurt ... 302 of I.P.C. and also sentenced to suffer simple imprisonment for six months for offence under Section 341 of I.P.C. ... Again, the investigating officer concerned altered the Section to one under Section 302 by deleting 306 of I.P.C. by filing another ... Subsequently, a report was filed by the police altering Section 174 and substituting Sections ... No separate sentence is awarded for offence under Section 323 of I.P.C.

India - Kerala

79. Anand Ram Nagar VS Banaras State Bank Ltd. - 12 Dec 19

Point of law : acquittal in a criminal case would be no bar for drawing up disciplinary proceedings against the delinquent officer. In this case, the allegation against the incumbent was that he had defrauded the customer and the Bank of Rs.Ten lacs but he was acquitted in the criminal case on the ground that no loss to the Bank had occurred

.Indian Penal Code,1860 - section 409 – First Information Report – Bank - delay condo nation - Challenging ... Hence, we have no hesitation in holding that the finding recorded by the Criminal Court will override the finding recorded against ... petition was filed by the petitioner challenging the aforesaid order – Finding of the court : Once, the Criminal ... However, before the Criminal Court, the petitioner was charged under section 406 and 409, I.P.C. and convicted for an offence under ... section 409, I.P.C. vide order dated 24.7.1999 but the appeal was allowed vide order dated 29.5.2000. ... It would be appropriate to quote section 409, I.P.C. which is as under: p align=

India - Allahabad

80. Raseen Babu K. M. S/o Muhammedali VS State of Kerala - 08 Jun 21

Point of law : Plea of guilt – Stage - Necessity of evidence would arise only if and when the charge is not accepted. There is no reason to restrict the applicability of S. 229 of the Cr.P.C. to a particular date or occasion but the purport of section is obvious that plea of guilt can be advanced by an accused at any stage of the trial after framing charge. If an accused is allowed to withdraw his claim to be tried and plead guilty, an earlier termination of the trial can be secured and wastage of the precious time of the court can be avoided.

convicted him. – As such, the judgments convicting the petitioner are liable to be set aside. – Result :Criminal ... Upon conviction, the accused were sentenced to pay fine for each offence. – Judgments are challenged mainly on the ground that the procedure ... , 147, 148, 341, 323, 324 read with 149 – Kerala Prevention of Disturbances of Public Meetings Act, 1961 – Section 35 – Offence of ... Erugadu, ILR 15 Mad. 83 that the violation of the procedure in Section 243 of the Criminal Procedure Code was sufficiently serious ... The elaborate procedure prescribed in the above Sections makes it abundantly clear that, conviction of an accused based on the plea ... In the result, the criminal revision petitions are allowed by setting aside the conviction and sentence imposed on the petitioner

India - Kerala