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High Courts And Trial Courts Have Forgotten That Bail Is Not To Be Withheld As A Punishment: SC
Javed Gulam Nabi Shaikh vs Maharashtra that the High Courts and Trial Courts have forgotten that bail cannot be denied as a punishment.Hits: 10256 -
Bail Condition Enabling Police To Constantly Track Movement Of Accused Can’t Be Imposed: SC
Frank Vitus vs Narcotics Control Bureau The investigating agency cannot be permitted to continuously peep into the private life of the accused enlarged on bail, by imposing arbitrary conditions...Hits: 10408 -
Sadha Ram @ Bhajna Ram vs Haryana that the preventive detention order should not be passed to enforce ‘Police Rule’ on mere suspicion and credible likelihood of the detenu’s involvement in crimes...Hits: 15768
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Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: SC
Jharkhand vs Anil Ganjhu that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind.Hits: 11298 -
Sri XXX vs Karnataka Granted liberty to a husband to initiate criminal proceedings for the malicious prosecution under Section 211 of the IPC (Falsely accuse others of committing an offence)...Hits: 19616
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Kerala HC Asks Police Chief To Ensure Innocent Persons Are Not Arrested Due To Mistaken Identity
Shalet vs Kerala that innocent persons are not arrested or detained due to errors in identifying the persons who are actually to be arrested.Hits: 14731 -
Quashing Rape FIRs Based On Monetary Settlements Would Mean Justice Is For Sale: Delhi HC
Rakesh Yadav vs NCT of Delhi that cases related to allegations of sexual violence cannot be quashed based on monetary payments, because doing this would imply that justice is for sale.Hits: 8446 -
Bail Discretion Power Ought Not To Be Used Arbitrarily, Capriciously And Injudiciously: SC
Ramayan Singh vs Uttar Pradesh that the grant of bail involves the exercise of a discretionary power that ought not to be used arbitrarily, capriciously; and injudiciously as it cancelled the bail...Hits: 13672 -
Cross-Examination Of Witness Should Be Deferred Only In Exceptional Cases: SC To Trial Courts
Surender Singh vs NCT of Delhi The trial courts to desist from granting long adjournments after examination-in-chief of witnesses while cautioning that such delays may affect the fairness of the...Hits: 9920 -
Dell International Services India Private Limited vs Adeel Feroze that Whatsapp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act,...Hits: 9895
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Mechanical Addition Of S. 302 IPC Unsustainable: All HC
Rammilan Bunkar vs UP while departing from the traditional route and taking strong exception to the most condemnable routine and so also as we see mechanical addition of Section 302 of IPC (murder)Hits: 11305 -
Navdeep @ Chhotu vs Haryana has underscored the complete unreliability of confessions made in police custody thus emphasizing the legal protections against such admissions under the Indian Evidence...Hits: 9712
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No Explanation For Delay Of 4-5 Years In Filing FIR: Rajasthan HC
Shrawan Ram vs Rajasthan that was pronounced as recently as on 25.06.2024 has on expected lines while extending the benefit of doubt granted bail to an accused who was booked under the Indian Penal...Hits: 13585 -
Lajara Chhatria vs Odisha that the executive authorities have unhindered power to consider the case of life convicts for premature release even when their appeal is pending before the Appellate Court.Hits: 9727
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Sipahi Kumar vs Kerala that before conducting the body search of a person, the person has to be informed of his right to have the presence of either the Magistrate or a Gazetted Officer to witness...Hits: 10270
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Jitha Sanjay vs Kerala that the Court can look beyond an FIR to quash the criminal proceedings when they are manifestly vexatious, frivolous or instituted with an ulterior motive for wreaking...Hits: 9679
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Muhammed Sahir vs Kerala that the Trial Court’s denial of issuing summons to defence witnesses as requested by the accused during a criminal trial should be an exception and to be used sparingly.Hits: 13702
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Manzoor Ahmad Bhat vs J&K that once an FIR is the core ground for passing a detention order, the non-mentioning of bail granted in relation to that FIR renders the detention order illegal.Hits: 14695
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Terrorism Must Be Dealt With Sternly: Delhi HC
Mohsin Ibrahim Sayyed vs National Investigation Agency that the sentence awarded to him in two different cases be made to run concurrently instead of consecutively.Hits: 11234 -
Constant Threats Of False Implication In Rape Case Can Constitute Abetment Of Suicide: MP HC
Dr Shivani Nishad vs Madhya Pradesh that persistent threats by the accused to falsely implicate the deceased in cases of rape and eve-teasing can amount to abetment of suicide.Hits: 15817 -
CrPC Doesn’t Permit Keeping Rape ComplaiPendingnt For Pre-Investigation: Rajasthan HC
Ghulam Mohammed vs Rajasthan that there is no such provision in the CrPC or principal in criminal jurisprudence to keep any report of offence of rape or any offence pending for pre-investigation...Hits: 9825 -
Suppressing Material Facts Is Just Jugglery Not Advocacy: J&K HC
J&K v/s Masarat Jan that was filed by a former constable who had sought reinstatement in the police force.Hits: 15745 -
Scope of Preliminary Enquiry before registration of FIRHits: 2664
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Unsigned Confession Cannot Be Sole Basis For Conviction: Gauhati HC
Shri Kedukhoyi vs Nagaland that an accused cannot be convicted for a crime solely based on an unsigned confessional statement, without any other evidence to back up the allegations.Hits: 13521 -
Prabhakaran P vs Kerala that it is a common misconception that anticipatory bail could be granted if custodial interrogation was not required. The Kerala High Court clarified that custodial...Hits: 14697
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Nitin Mewate vs Madhya Pradesh that a close relative would be likely to present the actual story of the incident instead of hiding the actual culprit and foisting the crime on an innocent personHits: 22013
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Delhi HC Denies Bail To Former PFI Chairman E Abubacker
Abubacker E vs National Investigation Agency the Delhi High Court dismissed the plea that had been moved by Abubacker E who is the former Chairman of the Popular Front of India (PFI) who was...Hits: 5939 -
Diksha Kumari @ Disksha Kumari v/s. Jharkhand that bail cannot be cancelled solely due to the non-compliance with the terms of a compromise agreement.Hits: 12889
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Owais Naseer Sheikh Vs J&K that the non-mention of the petitioner’s bail status indicates a clear non-application of mind, rendering the detention order unsustainable in the eyes of law.Hits: 11328
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Magistrate Should Not Act As Prosecution’s Post Office: Rajasthan HC
Prateek Sood and Others vs Rajasthan that the Magistrate should not act as a mouthpiece or a post office for the prosecution but should apply a judicial mind at the stage of cognizance.Hits: 9923
