Digi - Legal Insights
CRIMINAL LAW
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Conviction upheld-Failure
of accused to explain injuries sustained by deceased while both were together
is a strong incriminating circumstance.
CRIMINAL LAW
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Conviction set aside
where prosecution failed to prove conspiracy and concealment beyond reasonable
doubt; recovery evidence unreliable and safeguards for confession not followed.
CRIMINAL LAW
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Conviction for murder
and illegal use of firearm set aside due to inconsistent circumstantial
evidence; conviction under Section 201 IPC sustained.
CRIMINAL LAW
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Conviction under
Sections 302 and 34 IPC set aside where prosecution evidence was doubtful,
investigation unfair, and corroboration lacking.
CRIMINAL LAW
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Issuance of process-Process
under Section 394(1)(e)(i) of MMC Act quashed where no material showed that any
“trade” was being conducted by company.
CRIMINAL LAW
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Violation of consent,
record, and place-of-termination requirements attracts Section 312 IPC unless
procedure is done in good faith to save life.
CRIMINAL LAW
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Wife with no permanent
income but receiving honorarium entitled to maintenance; husband earning
pension and income from medical practice -Maintenance granted by Revisional
Court held just and proper.
CRIMINAL LAW
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Interim maintenance of Rs. 1,000/ month to child upheld where petitioner admitted marriage and brief cohabitation; no illegality in Trial Courts order under Section 125 CrPC.
CRIMINAL LAW
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Where station diary
showed due compliance and arrest was made after preliminary inquiry and within
24 hours, no violation of statutory or constitutional rights found.
CRIMINAL LAW
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Magistrate must conduct
inquiry under Section 202(1) CrPC when initial investigation reports are
adverse; process issued without fresh material or inquiry is invalid. 2015
B.C.I. (soft) 392(S.C.); 2019(2) Bom.C.R.(Cri.) 626(S.C.) dis. 2024(4) S.C.C.
289 reff.
CRIMINAL LAW
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Magistrates order
summoning accused upheld where prima facie satisfaction is based on material
and witness statements; interference under Section 482 CrPC not warranted.
CRIMINAL LAW
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Arrest vitiated where
custody exceeded 24 hours and mandatory provisions under Sections 316(5) and
318(4) BNS were not complied with; violation of Article 21. 2025 DGLS(Bom.)
1137; 2025 DGLS(SC) 149; 2024(3) Bom.C.R.(Cri.) 897; 2025 DGLS(SC) 170; 2025
DGLS(SC) 815; 1964 B.C.I. (soft) 19; 2013(4) Bom.C.R.(Cri.) 680(S.C.) ref.
CRIMINAL LAW
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Magistrate rightly
framed charge based on prima facie material; once charge is framed, Magistrate
must proceed under Section 246 CrPC and is not required to re-investigate.
(2013)2 Bom.C.R.(Cri.) 335(S.C.) dis.
CRIMINAL LAW
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Conviction under
Section 471 IPC upheld where forged caste certificate was used to secure police
employment-Probation denied; however, sentence reduced to three months.
CRIMINAL LAW
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Section 340 CrPC-Filing
of false affidavit in maintenance claim justified Trial Courts action in
referring matter for prosecution under Section 340 CrPC; no interference
warranted.
CRIMINAL LAW
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Conviction under
Section 302 IPC upheld where consistent eye-witness testimony and corroborative
medical and recovery evidence established guilt of sole appellant
CRIMINAL LAW
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Relief under Sec. 19
denied-Under-construction flat not in possession of either party does not
qualify as shared household.
CRIMINAL LAW
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Where prima facie material
exists under IPC Sections 120B and 420 read with PC Act, 1988, rejection of
discharge application under Section 227 CrPC is proper.
CRIMINAL LAW
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Rejection of discharge
application under Section 227 CrPC upheld where sufficient material existed and
investigation was valid under Section 17(c) of PC Act.
CRIMINAL LAW
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Accused discharged
under Sections 420 and 34 IPC where no material shows involvement in creation
of false document or knowledge of defective title; revisional order set aside.