Code of Criminal Procedure, 1973 with Section 482

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018)

/ Adarsh Kumar Goel, Basic Structure of the Constitution, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Constitution of India, Constitution of India with Article 226, Constitution of India with Article 227, Interlocutory Orders, Judges, Navin Sinha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 19, R.F. Nariman, Stay of Proceedings

Supreme Court Clarifies Powers of High Courts in Corruption Cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. CBI (2018) Date of the Judgment: 28 March 2018 Citation: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (2018) INSC 220 Judges: Adarsh Kumar Goel, J., Navin Sinha, J., R.F. Nariman, J. (Concurring) […]

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018) Read Post »

Supreme Court Allows Counter FIR in Fraud Case: P. Sreekumar vs. State of Kerala (2018)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Judges, Multiple FIRs, Offences Relating to Property, R.K. Agrawal

Supreme Court Allows Counter FIR in Fraud Case: P. Sreekumar vs. State of Kerala (2018) LEGAL ISSUE: Whether a second FIR is maintainable if it is a counter-complaint arising from the same incident. CASE TYPE: Criminal Law Case Name: P. Sreekumar vs. State of Kerala & Ors. [Judgment Date]: March 19, 2018 Date of the

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Supreme Court allows exemption from personal appearance under Section 205 CrPC in matrimonial dispute: Rameshwar Yadav vs. State of Bihar (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 205, Code of Criminal Procedure, 1973 with Section 317, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 498A, Judges

Supreme Court Allows Exemption from Personal Appearance Under Section 205 CrPC: Rameshwar Yadav vs. State of Bihar (2018) LEGAL ISSUE: Whether a Magistrate can reject an application for exemption from personal appearance under Section 205 of the Code of Criminal Procedure (CrPC) solely on the grounds that the accused is healthy or that their presence

Supreme Court allows exemption from personal appearance under Section 205 CrPC in matrimonial dispute: Rameshwar Yadav vs. State of Bihar (2018) Read Post »

Supreme Court Quashes FIR in Matrimonial Dispute: Wasim Anwar vs. State of NCT of Delhi (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Judges, Kurian Joseph, Mohan M. Shantanagoudar

Supreme Court Quashes FIR in Matrimonial Dispute: Wasim Anwar vs. State of NCT of Delhi (2018) LEGAL ISSUE: Quashing of FIR based on settlement in matrimonial disputes. CASE TYPE: Criminal Case Name: Wasim Anwar vs. State of NCT of Delhi & Anr. Judgment Date: 19 February 2018 Date of the Judgment: 19 February 2018 Citation:

Supreme Court Quashes FIR in Matrimonial Dispute: Wasim Anwar vs. State of NCT of Delhi (2018) Read Post »

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of the High Court, Judges, Offences Relating to Property

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) LEGAL ISSUE: Whether a criminal case involving allegations of cheating can be quashed by the High Court when the parties have reached a settlement? CASE TYPE: Criminal Case Name: Smt. Anita Maria Dias & Anr. vs. The State of Maharashtra

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) Read Post »

Supreme Court Upholds FIR, Rejects Quashing in Land Fraud Case: Dineshbhai Chandubhai Patel vs. State of Gujarat (2018)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Judges, R.K. Agrawal, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3

Supreme Court Upholds FIR, Rejects Quashing in Land Fraud Case: Dineshbhai Chandubhai Patel vs. State of Gujarat (2018) Date of the Judgment: January 5, 2018 Citation: (2018) INSC 12 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a High Court quash an entire FIR after partially quashing it? The Supreme Court of India addressed

Supreme Court Upholds FIR, Rejects Quashing in Land Fraud Case: Dineshbhai Chandubhai Patel vs. State of Gujarat (2018) Read Post »

Supreme Court Quashes Chargesheet Based on National Commission for Scheduled Castes’ Direction: Ishwar Pratap Singh vs State of UP (28 November 2017)

/ Amitava Roy, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 506, Judges, Kurian Joseph, Offences Against Human Body, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(x)

Date of the Judgment: 28 November 2017 Citation: Ishwar Pratap Singh & Ors. v. The State of Uttar Pradesh & Anr., Criminal Appeal No. 2039 of 2017 (Arising out of SLP (Crl) No. 6835 of 2015) Judges: Kurian Joseph, J. and Amitava Roy, J. Can a National Commission dictate the course of a police investigation?

Supreme Court Quashes Chargesheet Based on National Commission for Scheduled Castes’ Direction: Ishwar Pratap Singh vs State of UP (28 November 2017) Read Post »

Multiple FIRs Allowed in Co-operative Society Fraud: Supreme Court Judgment (2017)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Judges, Offences Relating to Property, R.K. Agrawal

Date of the Judgment: November 15, 2017 Citation: (2017) INSC 976 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can multiple FIRs be filed for similar offenses involving different entities but the same accused? The Supreme Court of India recently addressed this question in a case involving alleged fraud in multiple co-operative housing societies. The

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Supreme Court Upholds FIR in Land Fraud Case: Parbatbhai Ahir vs. State of Gujarat (2017)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, D.Y. Chandrachud, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 384, Judges, Offences Relating to Documents

Can a settlement between parties nullify serious criminal charges like forgery and extortion? The Supreme Court of India addressed this crucial question in Parbatbhai Ahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. v. State of Gujarat and Anr. This case highlights the limits of quashing criminal proceedings, especially when they involve significant societal implications beyond a

Supreme Court Upholds FIR in Land Fraud Case: Parbatbhai Ahir vs. State of Gujarat (2017) Read Post »

Supreme Court Directs Expedited Resolution in Domestic Violence Maintenance Case: Shalu Ojha vs. Prashant Ojha (2017) INSC 772 (4 September 2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Judges, Maintenance under DV Act, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 12, Protection of Women from Domestic Violence Act, 2005 with Section 29

Can a court reduce the maintenance amount awarded in a domestic violence case? The Supreme Court of India addressed this question in a recent case, emphasizing the need for a swift resolution. This case highlights the complexities and delays often encountered in domestic violence proceedings, particularly concerning maintenance orders. The judgment was delivered by a

Supreme Court Directs Expedited Resolution in Domestic Violence Maintenance Case: Shalu Ojha vs. Prashant Ojha (2017) INSC 772 (4 September 2017) Read Post »

Supreme Court Quashes FIR in Land Dispute Case: Sarabjit Singh vs. State of Punjab (2013)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 482, Jagdish Singh Khehar, Judges, P. Sathasivam

Date of the Judgment: July 1, 2013 Citation: (2013) INSC 489 Judges: P. Sathasivam, J., Jagdish Singh Khehar, J. Can a first information report (FIR) be quashed if it lacks supporting evidence? The Supreme Court of India addressed this question in a case involving a land dispute. The Court examined whether the High Court was

Supreme Court Quashes FIR in Land Dispute Case: Sarabjit Singh vs. State of Punjab (2013) Read Post »

Supreme Court clarifies the scope of inherent powers of High Court under Section 482 Cr.P.C. in quashing FIR: Lakhwant Singh vs. Jasbir Singh (2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Dr. ARIJIT PASAYAT, G.S. Singhvi, Inherent Powers of High Court, Judges

Introduction Date of the Judgment: September 16, 2008 Citation: Criminal Appeal No. 281 of 2003 Judges: Dr. Arijit Pasayat, J., G.S. Singhvi, J. Can a High Court quash a First Information Report (FIR) based on its inherent powers? The Supreme Court addressed this question in the case of Lakhwant Singh v. Jasbir Singh, focusing on

Supreme Court clarifies the scope of inherent powers of High Court under Section 482 Cr.P.C. in quashing FIR: Lakhwant Singh vs. Jasbir Singh (2008) Read Post »

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