Shokeen Legal Chambers

Shokeen Legal Chambers We deal in Criminal, Matrimonial, Insolvency & Bankruptcy and Money Recovery matters.

The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two fa...
30/11/2023

The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Firstly, the Court noted that there were no repeated or severe blows caused.
Secondly, injuries on victims were simple in nature.
“Admittedly, there is no allegation of repeated or severe blows having been inflicted. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favour....As such, the conviction under Section 307, IPC is unsustainable.”
The Division Bench, comprising Justices Vikram Nath and Ahsanuddin Amanullah, made these observations while considering a criminal appeal wherein the High Court of Madras had confirmed the conviction of the accused under Section 307 of the IPC; however, the sentence of ten years rigorous imprisonment, which the trial court awarded was reduced to five years rigorous imprisonment.




The Kerala High Court on Wednesday denied anticipatory bail to a man running a restaurant that was accused of selling an...
30/11/2023

The Kerala High Court on Wednesday denied anticipatory bail to a man running a restaurant that was accused of selling an adulterated shawarma (meat-based wraps) which led to a customer’s death.






The Kerala High Court recently held that when a company is not convicted for the offence of cheque bouncing under Sectio...
30/11/2023

The Kerala High Court recently held that when a company is not convicted for the offence of cheque bouncing under Section 138 of the Negotiable Instruments Act (NI
Act), its Directors cannot be held vicariously liable for the same offence [Afsal Hussain v KS Muhammed Ismail & Anr.].
Justice Sophy Thomas made the observation while allowing a revision petition filed by a Managing Director (MD) against his conviction by a Kottayam court in a cheque-bouncing case.
The MD was convicted under Section 138 of the NI Act even though the company that he was part of, Omnitech Information Systems Pvt. Ltd (a private company), was acquitted in the case.
“When the company is found not guilty of the offence alleged, the Managing Director cannot be held vicariously liable for the offence,” the High Court observed.





In an important judgment pronounced today, the Supreme Court clarified that an offence of criminal conspiracy punishable...
29/11/2023

In an important judgment pronounced today, the Supreme Court clarified that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code will be deemed a scheduled offence under the Prevention of Money Laundering Act (PMLA) only if the alleged conspiracy is directed towards committing an offence specifically included in the schedule of the PMLA.
‘An offence punishable under section 120-B will become a scheduled offence only if the conspiracy alleged is of committing an offence specifically included in the schedule. On that ground, we’ve quashed the proceedings,” ruled the Court.
The bench comprising Justice Abhay S. Oka and Justice Pankaj Mithal pronounced the judgment in an appeal against a judgment of the Karnataka High Court which refused to quash the proceedings in a case pending before Special Judge, Bangalore for the offence of money laundering against her under PMLA.





On Monday, a Kerala court sentenced a 42-year-old woman to 20 years of rigorous imprisonment for abetting the r**e of he...
29/11/2023

On Monday, a Kerala court sentenced a 42-year-old woman to 20 years of rigorous imprisonment for abetting the r**e of her own underage daughter. The presiding Special Judge, Rekha R, deemed the woman’s actions reprehensible and a transgression against motherhood, dismissing her request for leniency under the Protection of Children from Sexual Offences (POCSO) Act.






The High Court of Punjab and Haryana granted bail to the appellant, who was accused of violating Sections 15, 16, 17, 18...
28/11/2023

The High Court of Punjab and Haryana granted bail to the appellant, who was accused of violating Sections 15, 16, 17, 18, and 18B of the Unlawful Activities (Prevention) Act, 1967. The court determined that there was no prima facie evidence to support the allegation that the accused had planned to commit terrorist acts based on their connections with Pakistan. The court held that even though the accusations were severe, bail could not be denied solely on that basis.





If small disputes in a marriage are viewed as ‘cruelty’ by courts under divorce law, then many marriages would risk bein...
27/11/2023

If small disputes in a marriage are viewed as ‘cruelty’ by courts under divorce law, then many marriages would risk being dissolved even if there is no actual cruelty by either spouse, the Allahabad High Court recently observed.
Justices Saumitra Dayal Singh and Shiv Shanker Prasad made the observation while directing the judicial separation of an estranged married couple instead of directly allowing a plea for divorce.
“If courts were to recognize and act on small disputes or occurrences and read them as completion of ingredients of cruelty, many marriages where parties may not be enjoying best relations may stand exposed to dissolution without any real cruelty being committed,” the Court’s order stated.








The Supreme Court on Friday acquitted a man accused of possessing narcotic substances, 22 years after he was booked in t...
26/11/2023

The Supreme Court on Friday acquitted a man accused of possessing narcotic substances, 22 years after he was booked in the case on allegations that poppy straws (a narcotic substance) were seized from him [Nababuddin vs State of Haryana].
Pertinently, the bench of Justices Abhay S Oka and Pankaj Mithal took exception to the failure of the courts below to consider the fact that the accused was not properly examined or allowed to explain his alleged conduct under Section 313 of the Criminal Procedure (CrPC).






The Kerala High Court has urged the Parliament to consider implementing a comprehensive maintenance law, which would all...
25/11/2023

The Kerala High Court has urged the Parliament to consider implementing a comprehensive maintenance law, which would alleviate the need for impoverished women and children to resort to legal measures to procure their monthly allowance.





The Supreme Court recently (on November 22) granted anticipatory bail to law students who were accused of injuring two a...
24/11/2023

The Supreme Court recently (on November 22) granted anticipatory bail to law students who were accused of injuring two advocates inside their chamber.






The Supreme Court recently held that no title could be transferred with respect to immovable properties on the basis of ...
24/11/2023

The Supreme Court recently held that no title could be transferred with respect to immovable properties on the basis of an Agreement to Sell or on the basis of a General Power of Attorney.
A bench of Justice Vikram Nath and Justice Rajesh
Bindal observed as thus:
“...no title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General Power of Attorney. The Registration Act, 1908 clearly provides that a document which requires compulsory registration under the Act, would not confer any right, much less a legally enforceable right to approach a Court of Law on its basis. Even if these documents i.e. the Agreement to Sell and the Power of Attorney were registered, still it could not be said that the respondent would have acquired title over the property in question. At best, on the basis of the registered agreement to sell, he could have claimed relief of specific performance in appropriate proceedings. In this regard, reference may be made to sections 17 ano 49 of the Registration Act and section 54 of the Transfer of Property Act, 1882”





The Bombay High Court has granted bail to a kusti (wrestling) teacher associated with Dyan Prabodhini Prashala in Pune w...
24/11/2023

The Bombay High Court has granted bail to a kusti (wrestling) teacher associated with Dyan Prabodhini Prashala in Pune who had filed an anticipatory bail application under Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The applicant’s counsel contended before the court that the allegations outlined in the FIR, which covered the period from June 2020 to September 2022, did not substantiate the purported offense.
The applicant argued that the nature of wrestling training involved specific attire (‘langot’) and physical engagement that took place in an ‘akhada’ filled with red clay, with the school’s permission. The applicant sought ad-interim protection, emphasizing that the averments in the FIR did not constitute the alleged offence.
In response, the learned Additional Public Prosecutor opposed the request, citing the nature of the allegations and statements from ten victim boys, as per the observations of the learned Sessions Judge.







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