R VS Lichniak - 25 Nov 02
Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.
India - Supreme Court
Rabinarayan Sahu VS Forest Range Officer of Soroda Range - 05 Aug 08
1. ORISSA FOREST (DETECTION, ENQUIRY AND DISPOSAL OF FOREST OFFENCE) RULES, 1980 - Rule 4 - Orissa Forest Act, 1972 - Sec. 56 (2-c) - Confiscation proceeding - Order challenged on the main contention that statutory enquiry has not been complied with - Writ - The statutory authorities have failed to discharge their statutory obligation in an effective and complete manner - Confiscation proceeding has not been proceeded in the manner as prescribed under 1980 Rules - Impugned order of the Authorised Officer and the order in appeal suffer from jurisdictional error being committed while exercising jurisdiction - Held, since the Range Officer did not conduct any enquiry as is required in terms of Rule 4(2) of the 1980 Rules, the consequent confiscation proceeding and the confirmation of the same in appeal, is bad in law, unlawful, and invalid.Any person vested with statutory authority, is required in law to discharge that function by conducting an ef...
India - Orissa
R. K. Katakwar S/o. Late Shri D. P. Katakwar VS Chhattisgarh State Economic Offence Investigation Bureau Chhattisgarh, Raipur, Through Officer Incharge (C. G. State Economic Offence Investigation Bureau) Chhattisgarh - 14 Jul 17
Criminal Procedure Code,1973 - Section 482 - Indian Penal Code,1860 - Section 120-B - Prevention of Corruption Act, 1988 - Section 13 (1) (d)/13 (2) - Prayer to quash the criminal proceedings - Reliable information - FIR was registered against petitioner on 08.01.1998 for offence under Section 120-B of Indian Penal Code read with Section 13 (1) (d)/13 (2) of Prevention of Corruption Act, 1988 by the State Economic Offence Investigation Bureau, Madhya Pradesh, Bhopal, on the basis of reliable information received that M.P. State Agro Industries Development Corporation (In Short Corporation) had fixed rates on higher side for purchase of PVC rigid pipes by Regional Managers & Branch Managers. Later on due to decrease in the prices - FIR that petitioner being manager of Corporation office at Raigarh and others, despite this direction placed orders for purchase at the higher – Held, there was any order passed by Corporation to stop purchasing the articles as per the rate contract. Hence fo...
India - Chattisgarh
Mahadev Bapuji Mahajan VS State Of Maharashtra - 14 Sep 93
Indian Penal Code,1860 - Section 466, 468, 471 read with 120-B – Criminal Procedure Code, 1973 – Section 195 - Prevention of Corruption Act - Section 5(1)(d) - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 – Offence of Criminal Conspiracy – Forgery for purpose of Cheating – Charged - It is alleged that certain revenue records and records of concerned sugar factory were forged and some incorrect entries were made - In these appeals, Court are concerned with officers of Revenue Department, namely working in relevant Village and employees of sugar factory - Out of 13 accused, Accused Nos. 6 to 10 in one case and accused Nos. 3 to 6 in another case were employees of factory and accused Nos. 11 to 13 in one case and accused Nos, 7 and 8 in another case were accused - Trial Court convicted the appellants before Court for said offences and sentenced them to undergo five years R. I. under each count - Appellant in Criminal Appeal No. 605 of 1985 and also in Criminal Appeal No....
India - Supreme Court
Rakesh VS State of Rajashtan - 03 May 00
In absence of evidence that finger prints were given by accused voluntarily, finger print expert evidence that chance finger print tallied with specimen prints could not read against accused.
India - Crimes
S. P. Arunkumar VS State rep. by its The Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore - 04 May 16
Tamil Nadu Protection of Interest of Depositors (In Financial Establishments) Act, 1997 - Section 5 - Motivated and an unfair - Petitioner trial Court should have seen that Petitioner/A4 had only explained business of company and collected deposits forwarded the same to head office and handed over birds to depositors - Learned counsel for Petitioner takes a stand that subsequently Petitioner was not deputed to deal with administration matter of day-today affairs and he was not delegated with any powers of management and he was only a paid servant and drew a salary of per month - As such he cannot be fastened with any act of criminal offence - It is also represented that Petitioner is no way connected with administration of Company attracted - Held, This Court bearing in mind an important fact that as far as present case is concerned although Petitioner/A4 is said to be a Branch Manager there are enough materials to implicate him in case notwithstanding fact that his name was not found ...
India - Madras
S. Kanagam VS State represented by the Inspector of Police, EOW II Wing, Namakkal - 25 Oct 21
Criminal Revision petition – Indian penal code,1860 - Sections 120(B), 406, 420, 467, 468 – Criminal Procedure code, 1973 - Section 161, 239, 397, 401 - Tamil Nadu protection of Interests of Depositors, 1997 - Section 5 - Criminal breach of trust – Forgery - Petitioner had purchased two Route Buses from funds of financial institutions in her favour - Petitioner accused to prove that offence took place without her knowledge, that exercise of due diligence to prevent such offence only when the prosecution accepts that the requested condition mentioned in Section 5 of TNPID Act is established – Held, it is the test that is required at stage of Section 227 of Criminal Procedure Code while dealing with Sections 227, 228 and 209 Cr.P.C., and its scope and ambit of powers of trial Court under Section 227, the Supreme Court has held that if two views are equally possible and Judge is satisfied that evidence produced gives rise to suspicion only, as distinguished from grave suspicion, he would...
India - Madras
Krishan VS State of Haryana - 04 Mar 09
Criminal Law--Murder--Circumstantial evidence--Hostile witness--Appeal against conviction--Case of blind murder as dead body of deceased was found lying in abandoned plot--Material witnesses not supporting case of prosecution and turned hostile--Chain of prosecution case not complete and link evidence missing--Prosecution story seems to be suspicious if statement of all witnesses alongwith circumstances are considered together--Circumstantial evidence not sufficient to hold accused guilty for alleged offence beyond reasonable doubt--Accused acquitted--|Penal Code, 1860, Section 302 and 201. (Paras 17, 18, 22, 23, 24 & 25)
India - Punjab
Yeshwant Kawathekar VS Economic Offence Wing - 07 Apr 95
(1) Prevention of Corruption Act, 1947 -- S. 6 -- Prevention of Corruption Act, 1988 -- S. 19 -- public servant superannuated from service -- no permission for prosecuting him for the offences under the Acts is necessary. 1993 (1) Crimes 1124 distinguished. 1995 (2) JT 1, 1991 (3) SCC 655 and 1958 SCR 1037 followed. [Para 8 (2) Criminal P.C., 1973 -- S. 197 -- offences under Ss. 409 and 120B, IPC -- sanction for prosecution not necessary n accused cannot be deemed to have committed the offences in discharge of his duties. 1992 CrLJ 792 relied on. [Para 12 (3) Constitution of India -- Art. 21 -- every prosecution cannot be quashed on the ground of delay -- each case has to be decided on its own fact -- circumstances justifying the delay caused in investigation -- prosecution cannot be quashed. AIR 1994 SC 948 distinguished. AIR 1992 SC 1701 followed. [Para 18 ¼1½...
India - Madhya Pradesh
YESHWANT KAWATHEKAR VS ECONOMIC OFFENCE WING - 07 Apr 95
Decided on 7.4.1995(i) Prevention of Corruption Act, 1947 Sections 13 (1) (c) (d) (ii) (iii), 13 (2) & 6 & 19 Sanction for prosecution. - Not necessary to prosecute a public servant who has superannuated from service. (Para 8)(ii) Indian Penal Code, 1860 -Sections 409 & 120B - Sanction for prosecution - Petitioner was Convenor of Veterinary Product Institution - Offence alleged against petitioner in no way connected with discharge of his official duty - No sanction for prosecution is necessary. (Para 13)(iii) Constitution of India - Art. 21 - Offence registered u/s. 409 & 120 n I.P.C. and under Prevention of Corruption Act in 1986 Case at the stage of charge - Petition In quash proceedings for delay - Nature of allegation against petitioner such that a longer time was expected to be taken for investigation – Delay - Respondent could not be said inordinate so as ...
India - Madhya Pradesh