Code of Criminal Procedure, 1973

Supreme Court quashes FIR in contractual dispute: Kapil Agarwal vs. Sanjay Sharma (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 210, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of High Court, Judges, M.R. Shah, Offences Relating to Property

Supreme Court quashes FIR in contractual dispute: Kapil Agarwal vs. Sanjay Sharma (2021) LEGAL ISSUE: Whether a subsequent FIR can be registered on the same set of facts and allegations when a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 is already pending before a Magistrate. CASE TYPE: Criminal Case Name: Kapil […]

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Supreme Court Quashes Rape Charges in Consensual Relationship Case: Sonu vs. State of Uttar Pradesh (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 164, Code of Criminal Procedure, 1973 with Section 482, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Judges, M.R. Shah, Offences Relating to Marriage

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Sonu vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Whether a consensual relationship, followed by a refusal to marry, constitutes rape under Section 376 of the Indian Penal Code, 1860. CASE TYPE: Criminal Case Name: Sonu @ Subhash Kumar v. State of Uttar Pradesh & Anr

Supreme Court Quashes Rape Charges in Consensual Relationship Case: Sonu vs. State of Uttar Pradesh (2021) Read Post »

Supreme Court allows recall of witnesses for crucial evidence in corruption case: State vs. Seenivasagan (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311, Dhananjaya Y Chandrachud, Judges, M R Shah, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 7

Supreme Court allows recall of witnesses in corruption case: State vs. Seenivasagan (2021) LEGAL ISSUE: Whether a Trial Court can reject an application to recall witnesses for essential evidence. CASE TYPE: Criminal (Prevention of Corruption Act). Case Name: The State represented by the Deputy Superintendent of Police vs. Tr N Seenivasagan Judgment Date: 1 March

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Supreme Court Modifies Order on Transfer of Funds in Cheque Bounce Case: M/S Kalamani Tex vs. P. Balasubramanian (2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 362, Criminal Law, Judges, Modification of Orders, N.V. Ramana, Surya Kant

Supreme Court Modifies Order on Transfer of Funds in Cheque Bounce Case: M/S Kalamani Tex vs. P. Balasubramanian (2021) LEGAL ISSUE: Modification of a court order regarding the transfer of funds. CASE TYPE: Criminal Case Name: M/S Kalamani Tex and Anr. vs. P. Balasubramanian [Judgment Date]: 24 February 2021 Date of the Judgment: 24 February

Supreme Court Modifies Order on Transfer of Funds in Cheque Bounce Case: M/S Kalamani Tex vs. P. Balasubramanian (2021) Read Post »

Supreme Court refers conflict on calculation of default bail period to larger bench: Enforcement Directorate vs. Kapil Wadhawan (23 February 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 167, Default Bail, Hrishikesh Roy, Judges, Sanjay Kishan Kaul

Supreme Court refers conflict on calculation of default bail period to larger bench: Enforcement Directorate vs. Kapil Wadhawan (23 February 2021) LEGAL ISSUE: Calculation of the period for default bail under Section 167(2) of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Case Name: Enforcement Directorate, Government of India vs. Kapil Wadhawan & Anr.

Supreme Court refers conflict on calculation of default bail period to larger bench: Enforcement Directorate vs. Kapil Wadhawan (23 February 2021) Read Post »

Supreme Court Upholds Life Sentence for Double Murder of Minors: Gauri Shankar vs. State of Punjab (2021)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 230, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Offences Against Human Body

Supreme Court Upholds Life Sentence for Double Murder of Minors: Gauri Shankar vs. State of Punjab (2021) LEGAL ISSUE: Whether the Trial Court can impose a life sentence to mean the remainder of natural life. CASE TYPE: Criminal Case Name: Gauri Shankar vs. State of Punjab Judgment Date: 16 February 2021 Date of the Judgment:

Supreme Court Upholds Life Sentence for Double Murder of Minors: Gauri Shankar vs. State of Punjab (2021) Read Post »

Supreme Court Upholds Conviction Under Section 324 IPC, Denies Compounding: Pravat Chandra Mohanty vs. State of Odisha (2021)

/ Ajay Rastogi, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 320, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 324, Judges, Offences Against Human Body

Supreme Court Upholds Conviction Under Section 324 IPC, Denies Compounding: Pravat Chandra Mohanty vs. State of Odisha (2021) LEGAL ISSUE: Whether the offense under Section 324 of the Indian Penal Code (IPC) can be compounded, and whether the conviction under this section was justified. CASE TYPE: Criminal Law Case Name: Pravat Chandra Mohanty vs. The

Supreme Court Upholds Conviction Under Section 324 IPC, Denies Compounding: Pravat Chandra Mohanty vs. State of Odisha (2021) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Constitutional Law, Constitutional Law with Article 136, Judges, N.V. Ramana, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 118, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Surya Kant

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s order of acquittal in a cheque dishonor case, considering the statutory presumptions under the Negotiable Instruments Act, 1881. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: M/s. Kalamani

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) Read Post »

Supreme Court Sets Aside High Court Order on Summoning Accused Under Section 319 CrPC: Ajay Kumar vs State of Uttarakhand (2021)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Code of Criminal Procedure, 1973 with Section 446, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Judges, M.R. Shah, Offences Against Public Tranquillity, R. Subhash Reddy, Revisional Jurisdiction

Supreme Court Sets Aside High Court Order on Summoning Accused Under Section 319 CrPC: Ajay Kumar vs State of Uttarakhand (2021) LEGAL ISSUE: Whether a High Court can dismiss a criminal revision against a summoning order under Section 319 of the Code of Criminal Procedure (CrPC) based on subsequent proceedings related to the same order.

Supreme Court Sets Aside High Court Order on Summoning Accused Under Section 319 CrPC: Ajay Kumar vs State of Uttarakhand (2021) Read Post »

Supreme Court Revives Transfer Petition, Cites Error in Initial Order: Rajendra Khare vs. Swaati Nirkhi and Ors. (28 January 2021)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 406, Constitution of India, Constitution of India with Article 137, Indu Malhotra, Judges, Order XLVII, Supreme Court Rules, 2013, Order XXXIX, Supreme Court Rules, 2013, Supreme Court Rules, 2013, Transfer of Criminal Cases

Supreme Court Revives Transfer Petition, Cites Error in Initial Order Date of the Judgment: 28 January 2021 Citation: (2021) INSC 23 Judges: Ashok Bhushan, J. and Indu Malhotra, J. Can an order of the Supreme Court be reviewed if a party was not heard? The Supreme Court of India, in this case, addressed this crucial

Supreme Court Revives Transfer Petition, Cites Error in Initial Order: Rajendra Khare vs. Swaati Nirkhi and Ors. (28 January 2021) Read Post »

Supreme Court Directs Free Education and Housing for Rape Victim: Ms. X vs. State of Jharkhand (20 January 2021)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 357A, Constitutional Law, Constitutional Law with Article 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 228A, Judges, M.R. Shah, R. Subhash Reddy

Supreme Court Directs Free Education and Housing for Rape Victim: Ms. X vs. State of Jharkhand (2021) LEGAL ISSUE: Rehabilitation and protection of a rape victim. CASE TYPE: Writ Petition (Civil) under Article 32 of the Constitution of India. Case Name: Ms. X vs. The State of Jharkhand & Ors. [Judgment Date]: 20 January 2021

Supreme Court Directs Free Education and Housing for Rape Victim: Ms. X vs. State of Jharkhand (20 January 2021) Read Post »

Supreme Court Upholds Conviction in Land Dispute Murder Case: Asharam Tiwari vs. State of Madhya Pradesh (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Navin Sinha, Offences Against Human Body, R.F. Nariman

Supreme Court Upholds Conviction in Land Dispute Murder Case LEGAL ISSUE: Whether the accused shared a common intention in the assault leading to the death of two people. CASE TYPE: Criminal Case Name: Asharam Tiwari vs. State of Madhya Pradesh [Judgment Date]: 12 January 2021 Introduction Date of the Judgment: 12 January 2021 Citation: 2021

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