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Law On Appreciation Of Dying Declaration Not Correctly Applied: Bombay HC
Shahrukh Salim Pathan v/s Maharashtra that the Trial Court had failed to consider the patent infirmity in the procedure that was followed while recording dying declarations, which has rendered the...Hits: 9766 -
Magistrate Cannot Impose Condition To Deposit Cash Security While Granting Default Bail: Kerala HC
Rajesh @ Malakka Rajesh v Kerala the long held position that while granting statutory bail, the Magistrate cannot impose any other condition for deposit of cash security.Hits: 10371 -
Imran Ahmed vs National Investigating Agency refused bail to an accused charged in the 2020 Bengaluru riots citing primacy of public safety and collective interest of the society over individual...Hits: 8434
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Sri Vijesh Pillai vs Karnataka issued guidelines for the Judicial Magistrates to be followed strictly while issuing orders granting permission to the police to investigate non-cognizable cases on...Hits: 7654
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Misuse Of Liberty By Accused Sufficient Ground For Bail Cancellation: Kerala HC
Navas vs Kerala that the misuse of the liberty granted to a person released on bail is sufficient ground to cancel the bail.Hits: 7634 -
Ibran @ Sheru vs UP that the mere carrying of meat by any person, by itself cannot amount to a sale or transport of beef or beef products unless there is sufficient evidence that the substance...Hits: 7559
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Central Bureau of Investigation vs Kapil Wadhawan that: The police has a right to conduct further investigation. However, at the same time, the investigating agency under the garb of further...Hits: 9333
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Amend S. 377 IPC To Punish Sexual Intercourse With Dead Bodies: Karnataka HC
that: It is high time for the Central Government in order to maintain right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include dead body of any men,...Hits: 7536 -
Captain Manjit Singh Virdi (Retd) vs Hussain Mohammed Shattaf that: If the facts of the case are examined in the light of law laid down by this Court on the subject, it is evident that the High...Hits: 9705
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There has to be zero tolerance for such unhealthy trend of making reckless allegations against Judge on social mediaHits: 6653
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UP vs Ajai Mishra @ Taini that there was no perversity in the order of acquittal that was passed by the Trial Court as the lower Court didn’t miss the woods for the trees.Hits: 7569
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Avinash Jain vs Central Bureau of Investigation while permitting the CBI to pick up one aspect of the investigation and file a piece-meal charge sheet to defeat the right of an accused to default...Hits: 6572
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Section 499 IPC: Truth Set Up As Defence Must Extend To Entire Libel And Not Merely Part Of It
Harish Kumar Garg v/s. Maharashtra that the imputations in the present case are sufficient to attract provisions of Section 499 of IPCHits: 8889 -
Court Not A Post Office Or Mouthpiece Of State/District Magistrate Allahabad HC
Waseem Khan vs U.P. that the court is not empowered to act as a post office or mouthpiece of the State or the District Magistrate.Hits: 8564 -
Raj Kumar @ Suman v. Delhi that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of...Hits: 7247
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Heinous And Serious Offences Cannot Be Quashed On Compromise Between Parties: Gujarat HC
Dashrathbhai Bholidas Patel vs Gujarat that heinous and serious offences cannot be quashed on compromise between parties. The Court held that, These powers can be invoked to ensure the ends of...Hits: 8607 -
Preventive Detention Not An Arrest, No 24-Hour Magistrate Appearance Required: J&K&L HC
Muntazir Ahmad Bhat v/s JK that being detained under the Public Safety Act cannot be considered an arrest for committing an offence under the penal law.Hits: 6053 -
S 156(3) & 202 CrPC: SC Explains Differences Between Powers Of Magistrate At Pre-Cognizance &...
Kailash Vijayvargiya vs Rajlakshmi Chaudhuri that the power under the 156(3) of CrPC is to be exercised on receiving a complaint or a Police report or information from any person other than the...Hits: 14108 -
Trial Judge Shouldn’t Be A Mute Spectator, Has Duty To Ask Crucial Questions: SC
Dinesh Kumar vs Haryana that was pronounced in the exercise of its criminal appellate jurisdiction has set aside the conviction of a murder accused on the ground that the evidence of last seen on...Hits: 7401 -
Sangeeta Rani vs Bihar that: Putting a Judicial Officer to a departmental proceeding for a wrong order does not serve as a panacea for any ill which is being faced by the judiciary or for that...Hits: 7498
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Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal: SC
Omprakash Sahni v. Jai Shankar Chaudhary that was pronounced as recently as on May 2, 2023 has been forthright in holding that in order to suspend the substantive order of sentence under Section...Hits: 7207 -
Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : SC
Bohatie Devi v/s Uttar Pradesh that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency other...Hits: 6388 -
Judgebir Singh @ Jasbir Singh Samra @ Jasbir that the Punjab Police (investigation later taken over by the NIA) had filed an application seeking to extend the time for investigation as per Section...Hits: 7969
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Krishna Pati Tripathi vs Madhya Pradeshthat under Section 190 of the Criminal Procedure Code (CrPC), a Magistrate cannot suo motu pass directions for further investigation in a matter.Hits: 6692
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Seeking Pre-Deposit Of Bank Guarantee For Grant Of Bail Is Unsustainable: SC
Makhijani Pushpak Harish v Gujarat set aside an order whereby a pre-condition of furnishing bank guarantee was imposed on the accused by the Trial Court and the High Court while granting bail.Hits: 6915 -
Shiv Kumar Sharma vs UP that the conduct of accepting the brief by a subsequent counsel, at the stage of conclusion of arguments by previous counsel and that too before the very date of the...Hits: 5947
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Fedrick Cutinha v. Karnataka that the accused persons were not given an opportunity to be heard on the quantum of sentence as prescribed under Section 235(2) of CrPC.Hits: 5226
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Suresh Kumar Satija v. Balwinder Singh Touri that: Considering the fact that the petitioner was handcuffed by the respondent, the respondent is directed to pay a cost of Rs. 1,00,000/-, which will...Hits: 4853
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White-Collar Crimes in India and its relationship with other crimes
This Article is submitted by Yashika Malhotra & Soni of Manav Rachna University, FaridabadHits: 6966 -
Maharashtra vs Renuka @ Rinku @ Ratan Kiran Shinde that mercy petitions in death penalty cases are decided and disposed at the earliest so that convicts won’t take advantage of delayHits: 5745
