THE HONBLE SRI JUSTICE U. DURGA PRASAD RAO Criminal Petition No.2265 of 2015 02.03.2018 Anil Kumar Aggarwal…. … Continue reading Section 482 Cr.P.C by the petitioner/A4 seeking to quash the proceedings against him – dismissed – creditor can maintain a civil and criminal proceeding at the same time. Both the proceeding, thus, can run parallely.= standard of proof in a criminal case vis-a-vis a civil suit, indisputably is different. Whereas in a criminal case the prosecution is bound to prove the commission of the offence on the part of the accused beyond any reasonable doubt; in a civil suit `preponderance of probability’ would serve the purpose for obtaining a decree. Therefore, though the order of the CESTAT attained finality on civil side, still criminal proceedings against fraud and cheating can be independently established by the prosecution. HIGH COURT-HYDERABAD
THE HONBLE SMT JUSTICE T.RAJANI Criminal Appeal No.199 of 2008 01.03.2018 Punam Satyanarayana Dora….. Appellant State … Continue reading Criminal trial = APPRECIATION OF EVIDENCE AND CREDIBILITY OF WITNESS = Any violation in the procedure, by the people concerned, cannot be allowed to operate to the detriment of the victims, who have no role to play in the compliance and non compliance of the prescribed procedure. The sentry book, no doubt, shows that the accused was on sentry duty from 18:00 to 20:00 hours; P.W.13 explains that no entries would be made in the sentry book, if people go out for short time. ; When something which finds place in the report, does not find place in the 161 Cr.P.C. statement, it loses significance as an omission, while appreciating the credibility of the witness.
HONBLE DR. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No.5834 of 2011 09-03-2018 Rowthulapudi Primary Agricultural … Continue reading or.21, rule 90 CPC- claim petition by society – non production of mortgage deed – sale conducted by suppressing the mortgage – trial court and appellant court dismissed the claim petition – High court remand the case for fresh disposal giving an opportunity to the society to adduce fresh evidence as there are allegations of misappropriation of public fund by Jdr in the capacity of president of society. HIGH COURT OF HYDERABAD
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.387 OF 2018 (arising out of SLP(Crl.)No.6786 … Continue reading Section 205 Cr.P.C.- exemption from personal appearance from date to date attendance before trial court – distance between residence of the accused and the place of trial at Patna is 1750 kms. It was further stated that appellant No.3, Ashok Kumar Yadav was a business man and running Company in Pune and appellant No.4 was a student of BCA in Pune. Taking into consideration the entire facts and circumstances and the grounds taken by the appellants in their application under Section 205 Cr.P.C. as well as in the application under Section 482 Cr.P.C. filed before the High Court, we are of the view that sufficient grounds were made out for granting exemption from personal appearance of the appellants in the trial. The Magistrate committed error in not adverting to the grounds taken for praying the exemption and rejected the application on the reasons which were unfounded.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 182 OF 2017 BIMAL GURUNG … Continue reading criminal procedure code – investigation – transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency = In case of faulty investigation, where an accused has been wrongly roped in, he has right to seek all remedies before Court of Law for further investigation and a Court of Law is able to marshall all evidence and capable of discerning truth from evidence on record. Although as a principle, there is no fetter on an accused to move a Court of Law for transfer of investigation, but on the facts of this case as noted above, we do not think it to be a fit case where this Court may exercise jurisdiction under Article 32 to transfer the cases enmass to an independent agency.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5793 OF 2008 The State of Karnataka … Continue reading Money lending laws = corporate laws – whether the amendments made to the Karnataka Money Lenders Act, 1961 and the Karnataka Pawn Brokers Act, 1961 in the year 1998 providing that the security deposit furnished by the money lenders and pawn brokers in terms of Sections 7-A and 4-A of the Acts respectively shall not carry interest, is constitutional, legal and valid. = we are clearly of the view that the impugned provisions prohibiting payment of interest on the amount of security deposits cannot be said to be arbitrary or violative of Article 14 of the Constitution of India. In view of the above discussion it is held as follows :- (i) Section 7-A & 7-B of the M.L. Act and 4-A & 4-B of the P.B. Act are valid from the date of their enactment; (ii) That the provisions making these amendments retrospective from 1985 are illegal and invalid.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A Nos. 13-15 of 2017 IN SPECIAL LEAVE PETITION … Continue reading corporate laws – Apex court stayed the orders = challenge to the provisions of Rule 3(3)(1)(b) of the PCPNDT Rules,1996= Before the Delhi High Court, there was a challenge to the provisions of Rule 3(3)(1)(b) of the PCPNDT Rules,1996 and Rule 6 of the Six Months Training Rules as amended by a notification dated 9 January 2014. Rule 3.3(1)(b), which was in challenge reads as follows: “3.3(1) Any person having adequate space and being or employing…. (a)… (b)…a Sonologist, Imaging Specialist, Radiologist or Registered Medical Practitioner having Post Graduate degree or diploma or six months training duly imparted in the manner prescribed in the “the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014.” = The Delhi High Court has inter alia held that it was unable to find any provision in the PCPNDT Act empowering any of the bodies constituted under the law or even the Central government to prescribe qualifications for practicing medicine with the aid of an ultrasound imaging equipment or to prescribe the nature and content of the curriculum or duration of the qualification. = we are of the view that the judgment of the Delhi High Court needs to be stayed during the pendency of these proceedings. The judgment of the High Court squarely impinges upon the directions issued by this Court in Voluntary Health Association of Punjab. We direct in consequence that the judgment of this Court in Voluntary Health Association of Punjab shall be strictly enforced by all states and union territories untrammelled by any order of any High Court or any other court.