Criminal Procedure

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

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Constitutional Law, Constitutional Law with Article 14, Criminal Procedure, Judges

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)

/ Criminal Law, 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.K. Agrawal, S. Abdul Nazeer

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

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 102, Criminal Procedure, D.Y. Chandrachud, Judges, Maharashtra Protection of Interest of Depositors Act, 1999, Maharashtra Protection of Interest of Depositors Act, 1999 with Section 14, Maharashtra Protection of Interest of Depositors Act, 1999 with Section 3, N.V. Ramana

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)

/ Chandramauli Kr. Prasad, Criminal Law, Criminal Procedure, Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 304, Judges, Kurian Joseph, Offences Against Human Body

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)

/ Criminal Appeals, Criminal Procedure, G.S. Singhvi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Ranjana Prakash Desai, Sharad Arvind Bobde

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)

/ Asok Kumar Ganguly, Attempt to Murder, Criminal Law, Criminal Procedure, Dr. ARIJIT PASAYAT, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 326, Judges, Offences Against Human Body

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 »

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