Understanding Order 1 Rule 10 of the Civil Procedure Code (CPC) in Indian Jurisprudence

Order 1 Rule 10 of the Civil Procedure Code (CPC)

Exception to Murder: To bring out a case of Culpable Homicide not amounting to murder- Conditions-Held by Supreme Court

Exception to Murder, Culpable Homicide

Investigation-Supreme Court highlights the significance of the compliance of requirements of the provisions contained in section 173(2) of Cr.P.C. – Supreme Court expresses concern over non compliance Section 173(2).

Report of police officer on the completion of investigation under section 173 - Supreme Court issues must to follow directions - Officer in charge of the police stations in every State shall strictly comply - Non-compliance shall be strictly viewed by the concerned courts in which the Police Reports are submitted

DK Basu vs. State of West Bengal: A Landmark Judgement on Custodial ViolenceCase: DK Basu vs. State of West Bengal (1997)

DK Basu vs. State of West Bengal: A Landmark Judgement on Custodial Violence Case: DK Basu vs. State of West Bengal (1997) Court: Supreme Court of India Facts: This case…

Stay of Proceedings of Trial going on under section 138 of Negotiable Instruments Act, 1881.

Prayed for the quashing of complaint pending before the Ld. Magistrate under section 138 of Negotiable Instruments Act. Petitioner was the director of the company. Hon’ble High Court of Punjab…

Got secured one of our clients Anticipatory Bail under sections 406, 420, 468, 471, 120-B of IPC, 1860

Anticipatory Bail, Navigating through legal complexities can be challenging, but with strategic legal expertise and unwavering dedication, we have successfully safeguarded our client's interests

Impounding of Passport

Impouding of Passport on the allegation of Suppression of Material Information Got issued the directions to the appellate Authority under Passport Act, from the Hon’ble Punjab and Haryana High Court,…

Order declaring accused as Proclaimed Person got set aside by Hon’ble Punjab and Haryana High Court

Proclaimed Person-Section 82 Crpc The judgment rendered in the case of Rajan Katna versus Wazir Chand Rakesh Kumar and another, heard in the High Court of Punjab and Haryana at…

Regular Bail granted under sections 363 IPC and 366 IPC! after intense and strategic legal arguments.

Regular Bail granted under sections 363 IPC and 366 IPC! after intense and strategic legal arguments. Our client has been granted regular bail. Our relentless dedication to defending our client’s…

Bail Conditions cannot be burdensome. Courts cannot insists on different sureties for different cases against same accused.

Question regarding different sureties for different cases against same accused came before Hon’ble Kerala High Court . CRL.MC No. 10916 of 2023. D/d. 16.01.2024. Venugopal Versus State of Kerala In…

Cruelty – Wife used to harass her husband by closing outer gate, hiding the keys of scooter and crunching his clothes when he would get ready to go to factory – It is cruelty.

Cruelty – Wife publishing notice in newspaper making baseless allegations that her husband was womaniser and drunkard – It is cruelty. Hindu Marriage Act, 1955, Section 13(1)(ia) – Mental cruelty – Law enunciated…

BAIL: INTRICACIES AND NUANCES

Territorial Jurisdiction in Indian Law: A Comprehensive Overview

Territorial jurisdiction pertains to the geographical area within which a court or other judicial authority has the power and authority to decide cases. In India, the concept of territorial jurisdiction…

Quashing of FIR at Preliminary Stage: A Judicial Perspective

The quashing of First Information Reports (FIRs) at the preliminary stage of investigation is a delicate legal matter that requires careful consideration. The Supreme Court of India has provided valuable…

Quashing of FIR registered under section 376 IPC

SUPREME COURT OF INDIABefore:-A.M. Khanwilkar and Dinesh Maheshwari, JJ.Criminal Appeal Nos.394-395 of 2021 (Arising out of SLP(Crl.) Nos.3175-76 of 2021)(Diary No.11723 of 2020). D/d. 12.4.2021.Ananda D.V. – AppellantsVersusState & Anr.…

Permission to go abroad during the pendency of criminal case.

Unlock new horizons with our expert guidance! Seeking permission from the Court to travel abroad during your criminal case? We’re here to make your dreams take flight. Our seasoned legal…

Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents

Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents Introduction In an age dominated by digital communication, call details have become invaluable pieces of evidence in criminal…

Quashing of Matters which are purely Civil Nature and mostly are related to land or money are given the color of criminality, only for the purpose of exerting extra judicial pressure on the party concerned which is nothing but abuse of process of the court- Such matters are liable to be quashed.

In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, Supreme Court held: “102. In the backdrop of the interpretation of the various relevant provisions of the Code…

Bail under Economic offence-once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule

The parameters to be considered while deciding the prayer for bail are well laid down by Apex Court in the case of ‘State through CBI v. Amaramani Tripathi, reported as…

Territorial jurisdiction – Cheque dishonoured by Chandigarh Bank – Complainant residing at Delhi – Notice demanding payment issued to accused from Delhi – Chandigarh court will have the jurisdiction and not Delhi Court.

In the case of Harman Electronics (P) Ltd. v. National Panasonic India Ltd., the Supreme Court of India examined the issue of territorial jurisdiction regarding a dishonored check. Here’s a…

P. Kartikalakshmi Versus Sri Ganesh & Anr. Supreme Court of India.

Criminal Procedure Code, 1973, Section 216 – Alteration of charges – Power of invocation of Section 216 Cr.P.C. , 1973 is exclusively confined with Court as enabling provision for purpose of alteration or addition…

The Maintainability of Section 216 CRPC Applications: A Legal Perspective

Hon'ble Supreme Court of India, have shed light on the maintainability of applications filed under Section 216 CRPC.

Section 42 NDPS Act-Compliance

Section 42 NDPS Act-Compliance

Permission to Go abroad

Seeking permission from the Court to travel abroad during your criminal case? We're here to make your dreams take flight.

Legal Notice for Divorce Format.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient’s Name] [Recipient’s Address] [City, State, ZIP] Subject: Legal Notice for Divorce Dear [Recipient’s Name], I am writing…

Promoting Equality and Justice: The Case for Gender Neutral Rape Laws

Gender-Neutral Rape Laws Introduction Rape is a heinous crime that leaves lasting physical, emotional, and psychological scars on survivors. Traditionally, rape laws have focused on female victims and male perpetrators,…

Advancing Gender Equality: Key Legal Decisions by the Supreme Court of India and High Courts

Gender Equality Introduction: Gender equality is a foundational principle enshrined in the Constitution of India. Over the years, the Indian judiciary, including the Supreme Court and various High Courts, has…

Landmark Judgment-Adulterous Conduct-Permissibility of DNA test of Child-Supreme Court

Landmark Judgment Adulterous Conduct, Permissibility of DNA test of child

NDPS-Bail-cannot permit the situation to prevail where the person is kept in incarceration for a long period of time with the trial hardly to commence.

PUNJAB AND HARYANA HIGH COURTBefore:- Jaishree Thakur , J. CRM-M No. 8409 of 2022 (O&M). D/d. 24.01.2023. Jagseer Singh and another – Petitioners Versus State of Punjab – Respondents Mr.…

NDPS – Recovery – Investigating Officer told the accused that his search was to be conducted and that he had the legal right to get his search conducted from him or from some police gazetted officer or from some Magistrate – It is the double breach of Section 50.

Section 50 NDPS Act Compliance- Breach, search before gazatted officer mandatory

Default bail – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency.

Default bail-Criminal Procedure Code, 1973, Section 167(2) - Constitution of India, 1950 Article 21 - Prevention of Corruption Act, 1988, Sections 7, 12 and 13(2) - Indian Penal Code, 1860, Sections 120(B) and 420 - Default Bail - Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case? - Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default bail under section 167(2) of the CrPC, 1973 - Held, Supplementary Charge-sheets filed during pendency of investigation just before expiry of 60 days just to scuttle right to Default Bail accrued in favour of Accused - Trial Court mechanically accepting incomplete Charge-sheets and remanding Accused beyond stipulated period - Investigating Agency - Trial Court failed to observe mandate of law and acted in manifestly arbitrary manner and in violation of Fundamental Rights guaranteed to Accused - Interim Order of Bail made absolute.

Recalling of Non Bailable Warrants without presence of accused

recalling of Non Bailable Warrants NBW

Law on Further Investigation-173(8) Cr.P.C.- after acceptance of Final report by Magistrate. Supreme Court

Further Investigation- 173(8) Cr.P.C.- Mandate of Law.  State through Central Bureau of Investigation v. Hemendhra Reddy (SC) : Law Finder Doc Id # 2209496SUPREME COURT OF INDIABefore:- Surya Kant and…

What is Interlocutory Order? Lets understand what Supreme Court says…

Term 'Interlocutory Order' has not been defined in the Cr.P.C. Hon'ble Apex Court in the case o

Case Laws-Permission to go abroad during pendency of criminal case.

Case Laws on Permission to go abroad: To travel abroad is a fundamental right. 1. SUPREME COURT OF INDIA Before:- M.B. Shah and Y.K. Sabharwal, JJ. Petn.(s) for Special Leave…

Auction Agricultural Land-Auction of secured property – Once secured property is put as security by way of mortgage etc. same cannot be treated as agricultural land and such properties cannot be said to be exempted from provisions of SARFAESI Act.

SUPREME COURT OF INDIA Before:-M.R. Shah and M.M. Sundresh, JJ. Civil Appeal Nos. 7402 of 2022(@ SLP (Civil) No. 14695 of 2020). D/d. 5.1.2023. K. Sreedhar – Appellants Versus M/s Raus Constructions Pvt. Ltd. &…

Sale is conducted under the provisions of the SARFAESI Act the Civil Courts have no jurisdiction to come in the way of the actions taken by the Banks or Financial Institutions.

PUNJAB AND HARYANA HIGH COURT(DB) Before:- M.S. Ramachandra Rao and Harminder Singh Madaan, JJ. CWP No. 24535 of 2021 (O&M). D/d. 21.11.2022. Kanta Devi – Petitioner Versus State Of Haryana…

Eviction petition – NRI landlord can exercise his right even during pendency of earlier eviction petition.

PUNJAB AND HARYANA HIGH COURTBefore:- Alka Sarin, J. CR No. 5977 of 2010 (O&M). D/d. 30.11.2022. M/s Pawan Electricals – Petitioner Versus Gian Singh – Respondent For the Petitioner :-…

Landmark Judgment “Arnesh Kumar Vs State of Bihar” 498A IPC and Dowry- Supreme Court on Anticipatory Bail

Arnesh Kumar Vs State of Bihar, Landmark Judgement on Anticipatory Bail by Supreme Court

Issuance of Emergency/Transit Certificate for travel to India in case of impounding of Passport

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 CWP-69-2023 Date of Decision: 01.03.2023 Madhu Kohli Versus …Petitioner Regional Passport Officer, Chandigarh …Respondent CORAM:   HON’BLE MR. JUSTICE JASGURPREET…

Power under 406 CrPC to transfer cheque cases from one state to another

The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.

Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person

Below are some of the Case titles along with relevant Findings on the above topic. Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person…

Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner

Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner. Therefore, petitioner challenged the said order of framing charges against him before Hon’ble…

SSP directed by Hon’ble High Court to check the involvement of DSP in illegal activity and pass speaking order. (Direction to Register FIR petition)

Harassment by Police under the influence of private party. IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHSr. No.107 CRWP No. 654 of 2023Date of Decision : January 24, 2023Sukhdev…

Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet

Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet

Limitation period in Civil and Criminal cases (Revision and Appeals)

Limitation Period:

Regular Bail under NDPS Act, Commercial Quantity.

Regular Bail under NDPS Act, Commercial Quantity.

Bail NDPS- Buprenorphine and Pheniramine Maleate (Avil)-Judgments

Sr.no. Title Relevant Findings 1. 2022 (1) Law Herald 735 PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-2569 of 2022. D/d. 03.02.2022. Charanjit Kaur – Petitioner Versus State…

Quashing of Complaint under section 138 of Negotiable Instruments Act, 1881

Sought the quashing of complaint filed under section 138 of negotiable instruments act (cheque bounce) and its summoning order on various grounds. The Hon'ble High Court after considering the facts of the case and agreeing with the arguments, issued the Notice as well as stayed the proceedings qua the petitioners. Advocate Anoop Verma Punjab and Haryana High Court, Chanidgarh

2022 Latest Law on 319 CrPC: Supreme Court guidelines.

“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…