Supreme Court Clarifies Essential Details in Chargesheets: Sharif Ahmed vs. State of Uttar Pradesh (2024) INSC 363 LEGAL ISSUE: What are the mandatory requirements for a valid chargesheet under Section 173(2) of the Code of Criminal Procedure, 1973? CASE TYPE: Criminal Law Case Name: Sharif Ahmed and Another vs. State of Uttar Pradesh and Another […]
Supreme Court Clarifies Jurisdiction for Offences under the Insolvency and Bankruptcy Code Date of the Judgment: 19 April 2024 Citation: (2024) INSC 319 Judges: B.R. Gavai, J. and Sandeep Mehta, J. Can the amendments to the Companies Act, 2013, impact the jurisdiction of courts trying offences under the Insolvency and Bankruptcy Code, 2016? The Supreme
Supreme Court Clarifies Procedure for Protest Petitions: Mukhtar Zaidi vs. State of Uttar Pradesh (2024) LEGAL ISSUE: Procedure for handling protest petitions against police reports CASE TYPE: Criminal Case Name: Mukhtar Zaidi vs. State of Uttar Pradesh & Anr. Judgment Date: April 18, 2024 Date of the Judgment: April 18, 2024 Citation: 2024 INSC 316
Supreme Court Quashes Cognizance Order Based on Protest Petition: Ramakant Singh vs. State of Jharkhand (2023) LEGAL ISSUE: Whether a Magistrate can take cognizance against accused persons based on a protest petition against an earlier order of cognizance against other accused persons. CASE TYPE: Criminal Case Name: Ramakant Singh & Ors. vs. The State of
Supreme Court Clarifies Magistrate’s Power Under Section 156(3) CrPC in Rape Cases: Kailash Vijayvargiya vs. Rajlakshmi Chaudhuri (2023) LEGAL ISSUE: Scope of a Magistrate’s power to verify the truth and veracity of allegations when considering a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). CASE TYPE: Criminal Case Name: Kailash Vijayvargiya
Supreme Court Clarifies Magistrate’s Power to Summon Additional Accused in Criminal Cases LEGAL ISSUE: Can a Magistrate summon a person as an accused, who is not named in the police report or in column 2 of the charge sheet, based on other evidence? CASE TYPE: Criminal Case Name: Nahar Singh vs. State of Uttar Pradesh
Supreme Court Upholds Trial Court’s Cognizance of Offence: B.G. Uday vs. H.G. Prashanth (2021) LEGAL ISSUE: Whether the High Court was right in rejecting the challenge to the Trial Court’s order taking cognizance of the offence. CASE TYPE: Criminal Review Case Name: B.G. Uday vs. H.G. Prashanth [Judgment Date]: 30 November 2021 Introduction Date of
Supreme Court Clarifies Cognizance of Offences under the Atrocities Act: Shantaben Bhurabhai Bhuriya vs. Anand Athabhai Chaudhari (2021) LEGAL ISSUE: Whether a Magistrate can take cognizance of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when a Special Court is also empowered to do so. CASE TYPE: Criminal Case Name:
Supreme Court Clarifies Magistrate’s Power to Order Further Investigation Post Charge Sheet LEGAL ISSUE: Whether a Magistrate has the power to order further investigation after a charge sheet has been filed in a criminal case. CASE TYPE: Criminal Law Case Name: Vinubhai Haribhai Malaviya and Ors. vs. The State of Gujarat and Anr. Judgment Date:
Supreme Court Overturns High Court Order in Dowry Death Case: Vishnu Kumar Tiwari vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether a Magistrate is bound to treat a protest petition as a complaint and follow the procedure under Section 200 and 202 of the Code of Criminal Procedure, 1973, when disagreeing with a police
Supreme Court on Prior Sanction for Corruption Investigation: Manju Surana vs. Sunil Arora (2018) LEGAL ISSUE: Whether prior sanction is required for initiating an investigation against a public servant under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for offences under the Prevention of Corruption Act, 1988 (PC Act). CASE TYPE: Criminal Law,
