Code of Criminal Procedure, 1973 with Section 482

Supreme Court clarifies drug stocking rules for doctors: S. Athilakshmi vs. State (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Section 18(c), Drugs and Cosmetics Act, 1940 with Section 27(b)(ii), Drugs and Cosmetics Rules, 1945, Judges, Krishna Murari, Sudhanshu Dhulia

Supreme Court clarifies drug stocking rules for doctors: S. Athilakshmi vs. State (2023) LEGAL ISSUE: Whether a registered medical practitioner stocking small quantities of medicines for their patients amounts to “stocking for sale” under the Drugs and Cosmetics Act, 1940. CASE TYPE: Criminal Law Case Name: S. Athilakshmi vs. The State Rep. by the Drugs […]

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Supreme Court Quashes FIR in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023)

/ Ajay Rastogi, C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), 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 323, Indian Penal Code, 1860 with Section 420, Judges

Supreme Court Quashes FIR in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023) LEGAL ISSUE: Whether a criminal case can be initiated when the core dispute is civil in nature. CASE TYPE: Criminal. Case Name: Usha Chakraborty & Anr. vs. State of West Bengal & Anr. [Judgment Date]: 30 January 2023 Introduction Date

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Supreme Court Quashes Criminal Proceedings in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023)

/ Ajay Rastogi, C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), 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 Against Property

Supreme Court Quashes Criminal Proceedings in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023) LEGAL ISSUE: Whether criminal proceedings can be initiated when the core dispute is civil in nature and a civil suit is already pending. CASE TYPE: Criminal Case Name: Usha Chakraborty & Anr. vs. State of West Bengal & Anr.

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Supreme Court quashes summoning order in breach of trust case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023)

/ 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 High Court, J.K. Maheshwari, Judges, Offences Relating to Criminal Breach of Trust, Sanjiv Khanna

Supreme Court quashes summoning order in breach of trust case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) Date of the Judgment: January 2, 2023 Citation: 2023 INSC 1 Judges: Sanjiv Khanna, J. and J.K. Maheshwari, J. Can a mere commercial dispute lead to criminal charges of breach of trust? The Supreme Court

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Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023)

/ 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, J.K. Maheshwari, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Offences Relating to Property, Sanjiv Khanna

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Whether a mere wrong demand or claim constitutes criminal breach of trust under Section 406 of the Indian Penal Code, 1860. CASE TYPE: Criminal. Case Name: Deepak Gaba and Others vs. State of

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Supreme Court Upholds Reporting Duty Under POCSO Act: State of Maharashtra vs. Dr. Maroti Pimpalkar (2022)

/ Ajay Rastogi, C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 15, Constitutional Law with Article 39(f), Judges, Mandatory Reporting, Protection of Children from Sexual Offences Act, 2012, Protection of Children from Sexual Offences Act, 2012 with Section 19(1), Protection of Children from Sexual Offences Act, 2012 with Section 21(1)

Supreme Court Upholds Reporting Duty Under POCSO Act: State of Maharashtra vs. Dr. Maroti Pimpalkar (2022) Date of the Judgment: November 2, 2022 Citation: 2022 INSC 1004 Judges: Justice Ajay Rastogi, Justice C.T. Ravikumar Can a medical practitioner be held liable for not reporting sexual abuse of minor girls, even if they were not the

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Supreme Court Clarifies Defamation Liability for Editors in News Publications: Aroon Purie vs. State of NCT of Delhi (2022)

/ Bela M. Trivedi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Defamation, Editor, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 499, Indian Penal Code, 1860 with Section 500, Judges, Press and Registration of Books Act, 1867, Press and Registration of Books Act, 1867 with Section 7, Uday Umesh Lalit

Supreme Court Clarifies Defamation Liability for Editors in News Publications: Aroon Purie vs. State of NCT of Delhi (2022) LEGAL ISSUE: Determining the extent of liability for defamation of an Editor-in-Chief of a news publication. CASE TYPE: Criminal Defamation Case Name: Aroon Purie vs. State of NCT of Delhi & Ors. Judgment Date: 31 October

Supreme Court Clarifies Defamation Liability for Editors in News Publications: Aroon Purie vs. State of NCT of Delhi (2022) Read Post »

Supreme Court Upholds Further Investigation in Misappropriation Case: Devendra Nath Singh vs. State of Bihar (2022)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173(8), Code of Criminal Procedure, 1973 with Section 482, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 409, Indian Penal Code, 1860 with Section 420, Investigation, Judges, Offences Related to Documents

Supreme Court Upholds Further Investigation in Misappropriation Case: Devendra Nath Singh vs. State of Bihar (2022) LEGAL ISSUE: Whether a High Court can direct a Magistrate to order further investigation under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), and whether such an order can be passed without hearing the affected party. CASE

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Supreme Court Cancels Bail in Murder Case: Bohatti Devi vs. State of Uttar Pradesh (2022)

/ 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 302, Judges, Krishna Murari, M.R. Shah, Offences Against Human Body

Supreme Court Cancels Bail in Murder Case: Bohatti Devi vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether the High Court correctly granted bail in a case involving serious offences like murder. CASE TYPE: Criminal. Case Name: Bohatti Devi vs. The State of Uttar Pradesh & Anr. Judgment Date: 30 September 2022 Introduction Date of

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Supreme Court Cancels Bail for Accused in Double Murder Case: Ajwar vs. Niyaj Ahmad (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Hima Kohli, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body

Supreme Court Cancels Bail for Accused in Double Murder Case: Ajwar vs. Niyaj Ahmad (2022) LEGAL ISSUE: Whether the High Court was justified in granting bail to an accused in a double murder case without considering the seriousness of the crime and the accused’s role. CASE TYPE: Criminal Case Name: Ajwar vs. Niyaj Ahmad &

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Supreme Court Upholds Trial Court’s Order to Summon Witness in Rape Case: Ritu Rai vs. State of Uttar Pradesh (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 328, Indian Penal Code, 1860 with Section 376, Indian Penal Code, 1860 with Section 506, J.B. Pardiwala, Judges, Uday Umesh Lalit

Supreme Court Upholds Trial Court’s Order to Summon Witness in Rape Case: Ritu Rai vs. State of Uttar Pradesh (2022) Date of the Judgment: September 29, 2022 Citation: 2022 INSC 887 Judges: Uday Umesh Lalit, CJI and J.B. Pardiwala, J. Can a trial court summon a witness to verify a document crucial to the case,

Supreme Court Upholds Trial Court’s Order to Summon Witness in Rape Case: Ritu Rai vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Upholds Quashing of FIR in R. Abirami vs. D. Santhanam (2022)

/ Ajay Rastogi, B.V. Nagarathna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Criminal Law, Judges, Quashing of FIR

Supreme Court Upholds Quashing of FIR in R. Abirami vs. D. Santhanam (2022) LEGAL ISSUE: Whether the High Court was correct in quashing the FIR under Section 482 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case Name: R. Abirami vs. D. Santhanam & Others Judgment Date: September 6, 2022 Date of

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