Criminal Procedure

Supreme Court clarifies the scope of Section 319 CrPC in summoning additional accused: S. Mohammed Ispahani vs. Yogendra Chandak (2017)

October 4, 2017 LEGAL ISSUE: The core legal question is about the circumstances under which a court can summon additional individuals as accused under Section 319 of the Code of Criminal Procedure (CrPC), particularly when those individuals were named in the First Information Report (FIR) but not in the charge sheet. CASE TYPE: This case […]

Supreme Court clarifies the scope of Section 319 CrPC in summoning additional accused: S. Mohammed Ispahani vs. Yogendra Chandak (2017) Read Post »

Supreme Court Reduces Attempt to Murder Conviction to Simple Hurt: Shyam Sharma vs. State of Madhya Pradesh (2017)

Date of the Judgment: October 4, 2017 Citation: (2017) INSC 873 Judges: Justice R.K. Agrawal and Justice S. Abdul Nazeer Can a conviction for attempt to murder be reduced to simple hurt if the injury is not on a vital part of the body and there was no pre-meditation? The Supreme Court of India addressed

Supreme Court Reduces Attempt to Murder Conviction to Simple Hurt: Shyam Sharma vs. State of Madhya Pradesh (2017) Read Post »

Supreme Court Upholds Trial Court’s Decision on Witness Re-examination in Criminal Case: Ratanlal vs. Prahlad Jat & Ors (2017)

LEGAL ISSUE: Whether a trial court can reject a witness’s application for re-examination under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) if the application is made after a significant delay and without sufficient explanation, especially when the witness had previously supported the prosecution’s case. CASE TYPE: Criminal Law Case Name: Ratanlal vs.

Supreme Court Upholds Trial Court’s Decision on Witness Re-examination in Criminal Case: Ratanlal vs. Prahlad Jat & Ors (2017) Read Post »

Supreme Court overturns Bombay High Court order on defreezing of bank accounts in MPID case (7 September 2017)

LEGAL ISSUE: Whether the High Court can entertain a second application for the same relief after the first one was withdrawn. CASE TYPE: Criminal Law, Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 Case Name: State of Maharashtra vs. Avinash Judgment Date: 7 September 2017 Date of the Judgment: 7 September 2017

Supreme Court overturns Bombay High Court order on defreezing of bank accounts in MPID case (7 September 2017) Read Post »

Supreme Court reduces murder conviction to culpable homicide in sudden fight case: Chenda @ Chanda Ram vs. State of Chhattisgarh (2013) INSC 571 (27 August 2013)

Date of the Judgment: 27 August 2013 Citation: (2013) INSC 571 Judges: Chandramauli Kr. Prasad, J., Kurian Joseph, J. Can a fight that starts over a trivial issue, like a cat jumping onto someone’s terrace, lead to a murder conviction? The Supreme Court of India recently examined this question. In this case, the court considered

Supreme Court reduces murder conviction to culpable homicide in sudden fight case: Chenda @ Chanda Ram vs. State of Chhattisgarh (2013) INSC 571 (27 August 2013) Read Post »

Supreme Court Remands Murder Case for Fresh Hearing: Majjal vs. State of Haryana (2013)

Date of the Judgment: July 2, 2013 Citation: 2013 INSC 476 Judges: Justice G.S. Singhvi, Justice Ranjana Prakash Desai, and Justice Sharad Arvind Bobde. Is a High Court judgment valid if it does not properly analyze the evidence in a criminal appeal? The Supreme Court recently addressed this question in a case where a man

Supreme Court Remands Murder Case for Fresh Hearing: Majjal vs. State of Haryana (2013) Read Post »

Supreme Court Upholds Attempt to Murder Conviction in Gruesome Assault Case: State of M.P. vs. Kashiram & Ors. (2009)

LEGAL ISSUE: Whether the act of chopping off a person’s leg constitutes an attempt to murder under Section 307 of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: State of M.P. vs. Kashiram & Ors. Judgment Date: 2nd February 2009 Date of the Judgment: 2nd February 2009 Citation: 2009 INSC 191 Judges:

Supreme Court Upholds Attempt to Murder Conviction in Gruesome Assault Case: State of M.P. vs. Kashiram & Ors. (2009) Read Post »

Supreme Court Sets Aside Order Due to Lack of Notice in Criminal Proceedings: Neelakanteswaraswamy vs. M. Mahadevamurthy (2008)

Date of the Judgment: September 08, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. Did you know that failing to properly notify an accused person about a court hearing can lead to the entire legal proceeding being overturned? The Supreme Court of India recently addressed this critical issue of procedural fairness in the case of

Supreme Court Sets Aside Order Due to Lack of Notice in Criminal Proceedings: Neelakanteswaraswamy vs. M. Mahadevamurthy (2008) Read Post »

Supreme Court Restores Trial Court Order in Ex-Parte Decree Setting Aside Case: Pavan Sachdeva & Anr. vs. S.M.S. Pharmaceuticals Ltd. & Anr. (01 September 2008)

Date of the Judgment: 01 September 2008 Judges: B.N. Agrawal, J. and G.S. Singhvi, J. Can a High Court interfere with a Trial Court’s order that doesn’t show jurisdictional errors or material irregularities? The Supreme Court addressed this question in a case regarding the setting aside of an ex-parte decree. The Supreme Court allowed the

Supreme Court Restores Trial Court Order in Ex-Parte Decree Setting Aside Case: Pavan Sachdeva & Anr. vs. S.M.S. Pharmaceuticals Ltd. & Anr. (01 September 2008) Read Post »

Supreme Court Upholds Acquittal in 1986 Assault Case Due to Delayed FIR: State of Punjab vs. Mohinder Singh (26 June 2008)

Was a four-day delay in filing a First Information Report (FIR) fatal to the prosecution’s case? The Supreme Court of India addressed this question in an appeal concerning an assault that occurred in 1986. The Court upheld the acquittal of the accused, emphasizing the lack of satisfactory explanation for the delay in registering the FIR.

Supreme Court Upholds Acquittal in 1986 Assault Case Due to Delayed FIR: State of Punjab vs. Mohinder Singh (26 June 2008) Read Post »

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