Criminal Procedure

Supreme Court quashes proceedings against nominee under Prevention of Food Adulteration Act: Hari Shankar Aggarwal vs. State of Rajasthan (2021) INSC 123 (10 March 2021)

/ Ashok Bhushan, Cognizance of Offence, Criminal Law, Criminal Procedure, Food Adulteration, Hemant Gupta, Judges, Local Health Authority, Prevention of Food Adulteration Act, 1954, Prevention of Food Adulteration Act, 1954 with Section 17, S. Abdul Nazeer

Supreme Court quashes proceedings against nominee under Prevention of Food Adulteration Act: Hari Shankar Aggarwal vs. State of Rajasthan (2021) INSC 123 (10 March 2021) LEGAL ISSUE: Whether a person can be prosecuted under the Prevention of Food Adulteration Act, 1954, solely based on information from the Commercial Tax Department, when the Local Health Authority […]

Supreme Court quashes proceedings against nominee under Prevention of Food Adulteration Act: Hari Shankar Aggarwal vs. State of Rajasthan (2021) INSC 123 (10 March 2021) Read Post »

Supreme Court Cancels Bail in Honour Killing Case: Rohit Bishnoi vs. State of Rajasthan (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Offences Against Human Body

Supreme Court Cancels Bail in Honour Killing Case: Rohit Bishnoi vs. State of Rajasthan (2023) LEGAL ISSUE: Whether the High Court was justified in granting bail to the accused in a case of honour killing where the accused were actively involved in the murder and there was prima facie evidence against them. CASE TYPE: Criminal

Supreme Court Cancels Bail in Honour Killing Case: Rohit Bishnoi vs. State of Rajasthan (2023) Read Post »

Supreme Court overturns High Court order in Kerala Murder Case: Kooli Saseendran & Ors. vs. State of Kerala (17 December 2019)

/ Acquittal, Aniruddha Bose, Criminal Procedure, Deepak Gupta, Explosive Substances Act, 1908, Explosive Substances Act, 1908 with Section 3, Explosive Substances Act, 1908 with Section 5, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Remand

Supreme Court overturns High Court order in Kerala Murder Case: Kooli Saseendran & Ors. vs. State of Kerala (2019) LEGAL ISSUE: Whether the High Court was justified in setting aside the acquittal order of the trial court and remanding the case for fresh consideration in a criminal case. CASE TYPE: Criminal Case Name: Kooli Saseendran

Supreme Court overturns High Court order in Kerala Murder Case: Kooli Saseendran & Ors. vs. State of Kerala (17 December 2019) Read Post »

Supreme Court Allows Summons of Husband in Dowry Death Case: Saeeda Khatoon Arshi vs. State of UP (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Criminal Procedure, Dhananjaya Y Chandrachud, Evidence Act, 1872, Evidence Act, 1872 with Section 106, Evidence Act, 1872 with Section 114, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 306, Judges, Offences Against Human Body

Supreme Court Allows Summons of Husband in Dowry Death Case: Saeeda Khatoon Arshi vs. State of UP (2019) LEGAL ISSUE: Whether a trial court can summon a person as an additional accused under Section 319 of the Code of Criminal Procedure, 1973, based on evidence presented during the trial, even if that person was not

Supreme Court Allows Summons of Husband in Dowry Death Case: Saeeda Khatoon Arshi vs. State of UP (2019) Read Post »

Supreme Court acquits accused in murder case due to lack of evidence and faulty examination: Samsul Haque vs. State of Assam (26 August 2019)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 107, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court acquits accused in murder case due to lack of evidence and faulty examination: Samsul Haque vs. State of Assam (2019) Date of the Judgment: 26 August 2019 Citation: Samsul Haque v. State of Assam, Criminal Appeal No. 1905 of 2009 Judges: Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a conviction be upheld

Supreme Court acquits accused in murder case due to lack of evidence and faulty examination: Samsul Haque vs. State of Assam (26 August 2019) Read Post »

Liability of Managing Director in Corporate Negligence: Supreme Court Quashes Charges in Hyatt Regency Case (23 August 2019)

/ Abhay Manohar Sapre, Cigarettes and Other Tobacco Products Act, 2003, Cigarettes and Other Tobacco Products Act, 2003 with Section 4, Corporate Criminal Liability, Corporate Law, Criminal Procedure, Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 336, Indian Penal Code, 1860 with Section 338, Judges, Managing Director Liability, Offences Affecting the Human Body, R. Subhash Reddy, Vicarious Liability

Supreme Court quashes charges against Managing Director in Hyatt Regency Negligence Case Date of the Judgment: 23 August 2019 Citation: 2019 INSC 852 Judges: Abhay Manohar Sapre, J., R. Subhash Reddy, J. Can a Managing Director be held criminally liable for negligence at a hotel, simply by virtue of their position? The Supreme Court of

Liability of Managing Director in Corporate Negligence: Supreme Court Quashes Charges in Hyatt Regency Case (23 August 2019) Read Post »

Supreme Court Upholds Conviction in Murder Case: Rameshwar vs. State of Madhya Pradesh (21 August 2019)

/ A.S. Bopanna, Criminal Procedure, Evidence, Eyewitness Testimony, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, R. Banumathi

Supreme Court Upholds Conviction in Murder Case: Rameshwar vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Whether the conviction of an accused can be upheld under Section 302 of the Indian Penal Code, 1860 read with Section 34 of the Indian Penal Code, 1860, when there is no direct evidence of the specific act that

Supreme Court Upholds Conviction in Murder Case: Rameshwar vs. State of Madhya Pradesh (21 August 2019) Read Post »

Supreme Court Reduces Sentence in Attempt to Murder Case Due to Compromise: Manjit Singh vs. State of Punjab (22 July 2019)

/ A.S. Bopanna, Compounding of Offences, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 324, Judges, Offences Against Human Body, R. Banumathi, Sentencing

Supreme Court Reduces Sentence in Attempt to Murder Case Due to Compromise: Manjit Singh vs. State of Punjab (2019) LEGAL ISSUE: Can a compromise between parties be a factor in reducing the sentence for a non-compoundable offense like attempt to murder? CASE TYPE: Criminal Law Case Name: Manjit Singh vs. The State of Punjab &

Supreme Court Reduces Sentence in Attempt to Murder Case Due to Compromise: Manjit Singh vs. State of Punjab (22 July 2019) Read Post »

Supreme Court Upholds Conviction in Murder Case: Kamlakar vs. State of Maharashtra (2019)

/ A.S. Bopanna, Criminal Conviction, Criminal Law, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case: Kamlakar vs. State of Maharashtra (2019) LEGAL ISSUE: Whether the conviction of the accused for murder based on eyewitness testimony and recovery of the weapon was justified. CASE TYPE: Criminal. Case Name: Kamlakar vs. State of Maharashtra. Judgment Date: May 31, 2019 Date of the Judgment: May 31,

Supreme Court Upholds Conviction in Murder Case: Kamlakar vs. State of Maharashtra (2019) Read Post »

Supreme Court Upholds Conviction in 1980 Murder Case: Shio Shankar Dubey vs. State of Bihar (2019)

/ Ashok Bhushan, Criminal Law, Criminal Procedure, Evidence Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph, Offences Against Human Body

Supreme Court Upholds Conviction in 1980 Murder Case: Shio Shankar Dubey vs. State of Bihar (2019) LEGAL ISSUE: Whether the High Court erred in upholding the conviction based on the testimony of related witnesses and inconsistencies in the inquest report. CASE TYPE: Criminal Case Name: Shio Shankar Dubey & Ors. vs. State of Bihar Judgment

Supreme Court Upholds Conviction in 1980 Murder Case: Shio Shankar Dubey vs. State of Bihar (2019) Read Post »

Supreme Court Allows Challenge to Criminal Proceedings in Illegal Arrest Warrant Case: Manohar M. Galani vs. State of Gujarat (2019)

/ Criminal Law, Criminal Procedure, Deepak Gupta, Illegal Arrest, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 195, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Sanjiv Khanna

Supreme Court Allows Challenge to Criminal Proceedings in Illegal Arrest Warrant Case: Manohar M. Galani vs. State of Gujarat (2019) LEGAL ISSUE: Whether a person who exposed an illegal racket of obtaining arrest warrants can be denied the right to challenge the criminal proceedings initiated against them as a result of the racket. CASE TYPE:

Supreme Court Allows Challenge to Criminal Proceedings in Illegal Arrest Warrant Case: Manohar M. Galani vs. State of Gujarat (2019) Read Post »

Supreme Court Orders Framing of Attempt to Murder Charge: Bihari Lal vs. State of Rajasthan (2019)

/ Abhay Manohar Sapre, Criminal Procedure, Dinesh Maheshwari, Framing of Charges, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Judges, Offences Against Human Body

Supreme Court Orders Framing of Attempt to Murder Charge: Bihari Lal vs. State of Rajasthan (2019) LEGAL ISSUE: Whether a court can discharge an accused of the charge of attempt to murder (Section 307 of the Indian Penal Code, 1860) based on its own assessment of medical reports at the stage of framing charges. CASE

Supreme Court Orders Framing of Attempt to Murder Charge: Bihari Lal vs. State of Rajasthan (2019) Read Post »

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