False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a. These days false 498a cases gropes all the relatives father, mother sister who … Read more
Transfer of Investigation Case High Court Chandigarh must insist establish and prove them from the facts and circumstances to the satisfaction of the court JUDGEMENT SUMMARY GAUR GURPREET V. STATE OF PUNJAB, 12th August, 2013 Also Read- Punjab Haryana High Court Chandigarh Today we are going to talk about the case of Gaur Gurpreet v. … Read more
Overall, the pendency of cases has increased significantly at every judicial hierarchy level in the last decade. Between 2006 and now, there has been an overall increase of 22% (64 lakh cases) in the pendency of cases across all courts. Over the years, due to the growing pendency of cases for long periods, the number … Read more
In this post we will discuss about Consumer Complaint against Greater Mohali Area Development Authority wherein the complainant booked a residential plot in the project of the opposite party namely “IT City, GMADA” situated at IT City, SAS Nagar, Mohali, Punjab, by submitting the application form. However, the opposite party failed to deliver the possession within … Read more
In this post we will discuss about Application of Anticipatory Bail by Declared Absconder wherein The Hon’ble High Court Held that in the present case under study the anticipatory bail application was not maintainable and was accordingly dismissed as being not maintainable as the petitioner had been declared as an absconder under Section 82 of … Read more
In this post we will discuss the landmark judgment of Punjab and Haryana High Court in which the protest petition is allowed on the ground that the the Additional Sessions Judge having failed to exercise the jurisdiction under Section 438 Cr.P.C., in dismissing the anticipatory bail application of the petitioners despite the fact that it … Read more
In this post we will discuss about High Court Appeal in Cheque Bounce case wherein the court held that the right to appeal against conviction is an invaluable statutory right vested upon a convict by Cr.P.C., which cannot be allowed to be defeated by imposing any condition for availing such right. Cheque Bounce Appeal Also Read- … Read more
In this post we will discuss about an Injunction case wherein it was held the application filed by the complainant by invoking section 156(3) CrPC, directing the magistrate to order an investigation citing the commission of the cognizable offense by the accused, was dismissed by the magistrate. As the magistrate is not always bound to … Read more
In this post we will discuss about High Court case for Abetment to Suicide over Dowry wherein The court advised the learned counsels to raise the arguments that have been raised before the High Court may be raised before the trial court and seek discharge at the appropriate stage. Introduction Abetment in India is constituted … Read more
In this post we will learn about daily-day-report and how it is different from FIR. Under what circumstances a DDR may be recorded and what is the significance of DDR. Difference between DDR and FIR DDR What is Daily Diary Report(DDR)? In this post we will learn about daily-day-report and how it is different from … Read more
In this post we will discuss about the controversial judgment of Bombay High Court in which it stated that “skin to skin” contact is necessary to prove Sexual Assault. Holding minor’s hand, unzipping pants not sexual assault under POCSO: Bombay HC In this post we’ll read about the judgement passed by Bombay high court setting … Read more
In this post we will about procedure for quashing of FIR after the police conducted a raid and seized Liquor bottles from a person’s residence. JUDGEMENT DIGEST ON Ishvarbhai Samatbhai Chudasama vs. State of Gujarat In this case, we will cover and give an overview of the case Ishvarbhai Samatbhai Chudasama vs. State Of Gujarat … Read more
In this post we will discuss about the recent judgment of the Panjab and Haryana High Court on the determination of the age of a juvenile. Judgement Digest: Gajab Singh v. State of Haryana This report looks into the recent judgement of the Panjab and Haryana High Court on the determination of the age of … Read more
CBI court cannot accept the crime against accused Jaswinder Kaur because the Chandigarh Police Search, which is the competent authority in the matter, has rejected the prosecution penalty. Refusal by UT DIG to sanction the prosecution of suspended SHO Jaswinder Kaur in a 2017 corruption trial, a special CBI court on Wednesday disposed of the … Read more
Now Once The Person Is Declared PO By Court, Complainant May Get The Certified PO Order And Give Details Of Accused In PO Cell Of City. Complainant Whenever Knows About The Location Or Movement Of PO Can Seek Support Of Local Police To Get The PO Arrested In Chandigarh, Panchkula, MOHALI, KHARAR, DERABASSI, ZIRAKPUR AND … Read more
The misuse of Section 498A as a weapon rather than a shield by the well educated wives/ daughter-in-laws/ sister-in-laws in this modern, striving for equality society is becoming a common issue these days. The present case deals with one of them. Here in this case the discharge application was dismissed by trial court and later … Read more
In an election for the post of manager, defamatory statement were published against the opponents. In the present case the petitioner seeks damage to the tune of Rs 30 Lakhs for a statement which was published 8 years ago. A high court bench ruled in the favor of defendants, thus rejecting the plaint under Order … Read more
Through this post, we will dissect the essentials for granting a regular bail in the cases involving various sections of IPC including murder and conspiracy by delving deep into the niche aspects of the law. We look at this scenario in light of the judgement passed by the Punjab-Haryana High Court in the case of … Read more
This post is a case digest wherein petitioners were summoned in 498 A Offences under Sec 319 of CrPC and later applied for Anticipatory bails under Sec 438 CrPC. Since the names of petitioner were kept in column no. 2 of the challan, they were called in for joining the investigation. The benefit of interim … Read more
This post is a Judgement digest of Cheque Bounce case after reading which you will be able to know where to file your case in Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi Baltana in case Cheque Bounces and you are not able to recover your money back from the accused. Though the position is settled now … Read more
CONSEQUENCE OF VIOLATING SEC 144 CRPC ORDERS VIZ IPC VARIOUS SECTIONS As we look into the present condition of India, people were initially battling for their rights against the CAA movement and rioting when the world got struck by the covid-19 pandemic. It seeped through India gradually and started affecting people at large number and … Read more
This post is a case digest of NDPS Appeal in Punjab Haryana High Court Chandigarh wherein appeal against the order of Session Court was preferred before High Court Chandigarh as main contentions were compliance of Sec 42 & 43 of NDPS Act. In light of various judgments of hon’ble Apex court and Our Hon’ble High … Read more
Superdari or Sapurdarican be understood as the clearance or disposal of property to the person who is authorized for custody of property on surety bond that he/she may produce the property before the court whenever asked for. Superdari deals with disposal of property which is in relation with some offence and has been confiscated by … Read more
Judgement Digest of Akhilesh Sharma v. Rishi Sharma Through this post, we will dissect the guidelines issued by the apex court in cases of cheque bouncing by delving deep into the niche aspects of the law. We look at these issued guidelines in light of the judgement passed by the Punjab-Haryana High Court in the … Read more
Section 341 of CODE OF CRIMINAL PROCEDURE, 1973 defines Appeal. Until there is an complaint under Section 340 of this code there is no Right to Appeal. An appeal, Review and Revision are under the rights bestowed on each and every citizen. In simple term an appeal is a case that has been filed to … Read more
FIR, First Information Report is a document which is written and prepared by police, immediately after receive information about a cognizable offence. It is very important because this is the first step in process of criminal justice. After the FIR is filed then only the police can start the investigation and filed by the victim … Read more
A steep decline is clear in the male female ratio in India over the last century. It has declined from 972 females for each 1000 males in 1901 to 927 per thousand in 1991. The northern states show even poorer ratios than the national average. Along with other countries in South Asia, India must hold … Read more
INTRODUCTION In India, criminal law is divided into three parts:- The Indian Penal Code, 1860 The Criminal Procedure Code, 1973 The Indian Evidence Act, 1872 That means, the combination of these three acts made a criminal law. Types of a criminal trial Warrant cases Summon cases Summary cases Also Read- Conviction in Criminal Cases Chandigarh … Read more
Whether a false promise to marry comes within the ambit of Section 375 of IPC? The rape is an offence, the existence of which solely depends upon the consent of the victim. In light of consent, rape can be broadly classified into three categories. First category is where rape is done by force or where … Read more
Here in this post, we will analyze the latest judgment by High Court Chandigarh of Punjab & Haryana on the topic of FIR quashing which was decided on 21.05.2019 in CRM-M-44238 of 2016. 1) Case Title – Mandeep Saini v. State of Punjab and Anr. Date of Decision -21.05.2019 CRM-M-44238 of 2016 Also Read- How … Read more
The criminal law in India has been codified in the Penal Code and in the criminal procedure code; the former code specifically deals with offences and states that what matters will afford an excuse or a defence to charge for an offence. CrPC on the other hand provides the machinery for the detection of a … Read more
Though the judgment of one high court is not binding upon the other high court but is surely has the relevant consideration on law point. On that note this post just is an attempt to correlate the judgment of Allahabad High Court on topic of Anticipatory Bail which can also be opted by our High … Read more
In 1988 the Legislature enacted the Prevention of Corruption Act, 1988 (No. 49 of 1988) to fight corruption in the government agencies/offices and public sector businesses in India. Corruption has been a part of the governance system since a long time and many attempts have been made to curb illegal and immoral attempts of gaining … Read more
AN OUTLOOK: POLICE COMPLAINTS AUTHORITY IN INDIA (Punjab Haryana Chandigarh) Law serves a number of purposes and functions in our society. From establishing standards and maintaining a code of conduct to resolving disputes arising between persons and finally, protecting their rights and liberties, law does it all. However, a legal system cannot prevail without a … Read more
Punjab & Haryana High Court at Chandigarh has time and again issued various guidelines for Investigation Officers (IO) to ensure proper investigation in NDPS cases. Also, the High Court has ordered testing agencies to ensure swift preparation of chemical examination report during the trial. The high court has batted for agencies to follow modern techniques … Read more
A complainant has a right to get an FIR (First Information Report) registered with the police regarding any crime, provided that the offence is cognizable, i.e. where the police can make an arrest without a warrant. Can an SHO be booked for not filing an FIR? The answer is yes! The same was iterated by … Read more
FIR is a written document prepared by the police department. Before any formal complaint to the magistrate for a cognizable offense, the evidence is required to support the allegations. Some matters are of urgent nature that needs to be dealt with immediately, for which police have been appointed by the law as an authority to … Read more
In our legal ecosystem, the doors of justice are opened through the awareness of the citizens about their rights. Like any other property rights, right to get justice is an intangible right of a person in regards to fulfilment of the dream of our constitution makers, who wished to formulate the implied duty of law, … Read more
POWER TO MAGISTRATES UNDER SECTION 156(3) Magistrates in India have been granted a number of powers in furtherance of their judicial duties. One such power has been granted to the Magistrates under Section 156(3) of the Code of Criminal Procedure, 1973. What does Section 156(3) provide? Section 156(3) of the Code of Criminal Procedure, 1973, … Read more
Zulfiqar khan the director of NGO theatre age was convicted of sodomizing his students; he was then charged and convicted under Section 377 (Unnatural offences) and Section 292 (sale, distribution of obscene objects to young persons). The lower court convicted him in 3 cases for 7 yearsand stated that the sentence for 2 cases would … Read more
Dishonouring of cheques is a common sight in India. Numerous cases for bouncing of cheques are filed every day before the courts of India. A Hyderabadi team of police had recently come to Karnal, Punjab to summon the accused in a case of a bounced cheque. The most prominent laws governing cases of on Cheque … Read more
Section 239 of the Code of Criminal Procedure 1908 The entire process, starting from registering the First Information Report (FIR) to the acquittal or conviction, everything is vividly and categorically mentioned in the Code of Criminal Procedure (hereinto referred to as the Cr.P.C), 1908. Out of the many processes and procedures, one of the … Read more
Quashing of the FIR under Section 482 of the Code of Criminal Procedure, 1908 The journey of any criminal case in India, begins with the filing of the First Information Report (hereinto referred to as the FIR) under section 154 of the Code of Criminal Procedure, 1908 (hereinto referred to as Cr.P.C.), wherein, every person, … Read more
Every year many young brides fall prey to the fancy of NRI grooms who allure them of foreign dreams and comforts of life that one could only get by going abroad leave apart the status symbol quotient. But not all that glitters is gold. And this is what happens when realty meets the eye i.e. … Read more
Introduction: FIR stands for “First Informational Report”. It is a written document prepared by a police officer when he receives information about a cognizable offence, generally filed under section 154 of the code of criminal procedure.Information given under sec 154(1) of the side is known as FIR but the section does not disclose FIR directly.It … Read more
According to section 499 of IPC, whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the … Read more
Role of NRI Wing PoliceStation The Government of Punjab established more than 10 NRI Wing Police Stations for the quick action on of complaints that involve Non-Resident Indians (NRIs). There are 11 NRI police stations and as per the notification by the state government, all district police comes under the jurisdiction of NRI police stations. Also … Read more
HIGH COURT DIRECTION ON DEALING WITH DRUG MENACE There is no single age group of people more affected by alcohol and drugs than young people. It may seem that it is an issue of an individual but in some ways it feels like it is an issue everywhere: for individual, his family and his friends. All over … Read more
Due to insufficient balance, torn cheque, overwriting, expiration of the validity of cheque, fraud, signature issue, etc., there are chances of cheque bounces or dishonored cheque. Section 138 of the Negotiable Instruments Act, 1881 deals with cheque bounce related cases. This section lays down the punishment for the one who is found guilty of cheque … Read more
Suspension means to take or withdraw the sentence for the time being. It is an act of keeping the sentence in abeyance at the pleasure of the person who is authorized to suspend the sentence, and if no conditions are imposed, the person authorized to suspend the sentence has the right to have the offender re-arrested and direct that he should undergo the rest of the sentence without assigning any reason. Section 389 (1) and (2) of Code of Criminal Procedure (Cr.P.C.) deal with a situation where a convicted person can get a Bail from appellate court after filing the criminal appeal. Section 389 (3) deals with a situation where the trial court itself can grant bail to convicted accused enabling him to prefer an appeal. Also Read- PAROLE FROM … Read more
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