Criminal Procedure

Supreme Court Settles Long-Standing Property Dispute Through Mediation: Kalpana Majumder & Ors. vs. Lakshmi Priya Shaw & Ors. (2018)

/ Civil Procedure, Criminal Procedure, Criminal Procedure with Cases, Judges, Kurian Joseph, Mediation, Quashing of Criminal Cases, Sanjay Kishan Kaul, Settlement

Supreme Court Settles Long-Standing Property Dispute Through Mediation: Kalpana Majumder & Ors. vs. Lakshmi Priya Shaw & Ors. (2018) Date of the Judgment: July 17, 2018 Citation: (2018) INSC 657 Judges: Kurian Joseph, J., Sanjay Kishan Kaul, J. Can a long-standing property dispute, entangled with multiple criminal cases, find resolution through mediation? The Supreme Court […]

Supreme Court Settles Long-Standing Property Dispute Through Mediation: Kalpana Majumder & Ors. vs. Lakshmi Priya Shaw & Ors. (2018) Read Post »

Supreme Court Dismisses Discharge Application in Criminal Appeal: Vishwambarrao Shankarrao Mane vs. State of Maharashtra (2018)

/ Criminal Procedure, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 227, Judges, Kurian Joseph, Sanjay Kishan Kaul

Supreme Court Dismisses Discharge Application in Criminal Appeal: Vishwambarrao Shankarrao Mane vs. State of Maharashtra (2018) Date of the Judgment: July 12, 2018 Citation: Not Available Judges: Kurian Joseph, J. and Sanjay Kishan Kaul, J. Can an accused person get a discharge before charges are framed? The Supreme Court addressed this question in a recent

Supreme Court Dismisses Discharge Application in Criminal Appeal: Vishwambarrao Shankarrao Mane vs. State of Maharashtra (2018) Read Post »

Supreme Court Upholds Conviction in Murder Case: Motiram Padu Joshi vs. State of Maharashtra (2018)

/ Appellate Review, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, R. Banumathi, Ranjan Gogoi, Witness Testimony

Supreme Court Upholds Conviction in Murder Case: Motiram Padu Joshi vs. State of Maharashtra (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s acquittal and convicting the accused based on the evidence of eye witnesses, medical evidence, and recovery of weapons. CASE TYPE: Criminal Case Name: Motiram Padu Joshi and

Supreme Court Upholds Conviction in Murder Case: Motiram Padu Joshi vs. State of Maharashtra (2018) Read Post »

Supreme Court Upholds Conviction in Murder Case: Khurshid Ahmed vs. State of Jammu and Kashmir (2018)

/ Appellate Review, Criminal Law, Judges, Murder, N.V. Ramana, Ranbir Penal Code, 1989, Ranbir Penal Code, 1989 with Section 302, Ranbir Penal Code, 1989 with Section 341, S. Abdul Nazeer

Supreme Court Upholds Conviction in Murder Case: Khurshid Ahmed vs. State of Jammu and Kashmir (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s acquittal in a murder case based on the evidence of a sole eyewitness and other corroborating evidence. CASE TYPE: Criminal Case Name: Khurshid Ahmed vs. State

Supreme Court Upholds Conviction in Murder Case: Khurshid Ahmed vs. State of Jammu and Kashmir (2018) Read Post »

Supreme Court Acquits Accused in Culpable Homicide Case: Kumar vs. State (2018) INSC 423

/ Criminal Law, Criminal Procedure, Culpable Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 324, Judges, Murder, N.V. Ramana, S. Abdul Nazeer

Supreme Court Acquits Accused in Culpable Homicide Case: Kumar vs. State (2018) INSC 423 Date of the Judgment: May 11, 2018 Citation: (2018) INSC 423 Judges: N.V. Ramana, J. and S. Abdul Nazeer, J. Can a conviction for murder be upheld when the prosecution fails to explain injuries on the accused and when there are

Supreme Court Acquits Accused in Culpable Homicide Case: Kumar vs. State (2018) INSC 423 Read Post »

Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50: Arif Khan vs. State of Uttarakhand (27 April 2018)

/ Abhay Manohar Sapre, Criminal Law, Criminal Procedure, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 50, Offences relating to Narcotic Drugs, R.K. Agrawal, Search and Seizure

Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50: Arif Khan vs. State of Uttarakhand (2018) LEGAL ISSUE: Whether the search and seizure of contraband was conducted as per the mandatory procedure under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. CASE TYPE: Criminal Law, Narcotic Drugs and

Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50: Arif Khan vs. State of Uttarakhand (27 April 2018) Read Post »

Supreme Court Upholds Framing of Charges in Corruption Case, Directs Trial Court to Proceed: Asian Resurfacing of Road Agency P. Ltd. vs. Central Bureau of Investigation (25 April 2018)

/ Adarsh Kumar Goel, Corruption, Criminal Law, Criminal Procedure Code, Criminal Procedure Code with powers of appellate courts, Framing of Charges, Judges, Offences relating to corruption, Rohinton Fali Nariman

Supreme Court Upholds Framing of Charges in Corruption Case, Directs Trial Court to Proceed Date of the Judgment: 25 April 2018 Citation: Not Available Judges: Adarsh Kumar Goel, J. and Rohinton Fali Nariman, J. The Supreme Court of India addressed an appeal against the framing of charges in a corruption case. The core issue was

Supreme Court Upholds Framing of Charges in Corruption Case, Directs Trial Court to Proceed: Asian Resurfacing of Road Agency P. Ltd. vs. Central Bureau of Investigation (25 April 2018) Read Post »

Supreme Court Dismisses Petition to Reopen Mahatma Gandhi Assassination Case: Dr. Pankaj Kumudchandra Phadnis vs. Union of India (28 March 2018)

/ Commissions of Inquiry, Criminal Law, Criminal Procedure, Finality of Judgments, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Kapur Commission, L. Nageswara Rao, Recommendatory Nature of Reports, Reopening of Cases, S.A. Bobde

Supreme Court Dismisses Petition to Reopen Mahatma Gandhi Assassination Case: Dr. Pankaj Kumudchandra Phadnis vs. Union of India (2018) LEGAL ISSUE: Whether a criminal case that has resulted in conviction and execution of sentences can be reviewed based on new research. CASE TYPE: Criminal Case Name: Dr. Pankaj Kumudchandra Phadnis vs. Union of India Ministry

Supreme Court Dismisses Petition to Reopen Mahatma Gandhi Assassination Case: Dr. Pankaj Kumudchandra Phadnis vs. Union of India (28 March 2018) Read Post »

Supreme Court Clarifies Application of Section 195(1)(b)(ii) CrPC in Forgery Cases: Vishnu Chandru Gaonkar vs. N.M. Dessai (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 195, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 463, Indian Penal Code, 1860 with Section 471, Judges

Supreme Court Clarifies Application of Section 195(1)(b)(ii) CrPC in Forgery Cases: Vishnu Chandru Gaonkar vs. N.M. Dessai (2018) LEGAL ISSUE: Whether a complaint under Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 (CrPC) can be initiated for forgery of a document when the forgery occurred before the document was produced in court. CASE TYPE:

Supreme Court Clarifies Application of Section 195(1)(b)(ii) CrPC in Forgery Cases: Vishnu Chandru Gaonkar vs. N.M. Dessai (2018) Read Post »

Supreme Court Reduces Life Sentence to 10 Years in Dacoity-Murder Case: Shajahan vs. State (2018) INSC 123

/ Criminal Procedure, Criminal Procedure with Section 34, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 396, Judges, Offences Against Human Body, Offences Against Property, R. Banumathi, Ranjan Gogoi

Supreme Court Reduces Life Sentence to 10 Years in Dacoity-Murder Case Date of the Judgment: February 16, 2018 Citation: (2018) INSC 123 Judges: Ranjan Gogoi, J., R. Banumathi, J. Can a sentence of life imprisonment for dacoity with murder be reduced based on the facts and circumstances of the case? The Supreme Court of India

Supreme Court Reduces Life Sentence to 10 Years in Dacoity-Murder Case: Shajahan vs. State (2018) INSC 123 Read Post »

Supreme Court Sets Aside Non-Bailable Warrant in Bail Cancellation Case: Upendra Sharma vs. State of Bihar (2018)

/ Amitava Roy, Bail, Cancellation of Bail, Criminal Law, Criminal Procedure, Judges, Kurian Joseph, Non-Bailable Warrant

Supreme Court Sets Aside Non-Bailable Warrant in Bail Cancellation Case: Upendra Sharma vs. State of Bihar (2018) LEGAL ISSUE: Whether a High Court can issue a non-bailable warrant of arrest on an application for cancellation of regular bail. CASE TYPE: Criminal Case Name: Upendra Sharma vs. State of Bihar & Anr. Judgment Date: 10 January

Supreme Court Sets Aside Non-Bailable Warrant in Bail Cancellation Case: Upendra Sharma vs. State of Bihar (2018) Read Post »

Supreme Court Clarifies Power to Summon Additional Documents at Charge Framing Stage: Nitya Dharmananda vs. Sri Gopal Sheelum Reddy (2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Code of Criminal Procedure, 1973 with Section 91, Framing of Charges, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Judges, Uday Umesh Lalit

LEGAL ISSUE: Whether a court can summon documents not included in the charge sheet at the stage of framing charges under Section 91 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case Name: Nitya Dharmananda @ K. Lenin & Anr. vs. Sri Gopal Sheelum Reddy Also Known As Nithya Bhaktananda and Anr.

Supreme Court Clarifies Power to Summon Additional Documents at Charge Framing Stage: Nitya Dharmananda vs. Sri Gopal Sheelum Reddy (2017) Read Post »

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