Code of Criminal Procedure, 1973

Supreme Court clarifies the scope of ‘any property’ under Section 102 of CrPC: Nevada Properties Pvt. Ltd. vs. State of Maharashtra (24 September 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 102, Criminal Investigation, Deepak Gupta, Indian Penal Code, Indian Penal Code with Section 22, Judges, Ranjan Gogoi, Sanjiv Khanna, Seizure of Property

Supreme Court Clarifies Scope of Police Power to Seize Property Under Section 102 CrPC Date of the Judgment: 24 September 2019 Citation: (2019) INSC 994 Judges: Ranjan Gogoi, CJI, Deepak Gupta, J., Sanjiv Khanna, J. Can police seize immovable property during an investigation based on suspicion of an offense? The Supreme Court of India addressed […]

Supreme Court clarifies the scope of ‘any property’ under Section 102 of CrPC: Nevada Properties Pvt. Ltd. vs. State of Maharashtra (24 September 2019) Read Post »

Supreme Court Upholds Maintenance Rights of Divorced Women: Dr. Swapan Kumar Banerjee vs. State of West Bengal (2019)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Deepak Gupta, Judges, Maintenance

Supreme Court Upholds Maintenance Rights of Divorced Women: Dr. Swapan Kumar Banerjee vs. State of West Bengal (2019) LEGAL ISSUE: Whether a wife, divorced on the grounds of desertion, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Case Name: Dr. Swapan Kumar Banerjee vs. The

Supreme Court Upholds Maintenance Rights of Divorced Women: Dr. Swapan Kumar Banerjee vs. State of West Bengal (2019) Read Post »

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Companies Act, 2013, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 447, Judges, Mohan M. Shantanagoudar, N.V. Ramana

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019) LEGAL ISSUE: Whether the High Court correctly granted bail to the accused in a case involving serious economic offenses, considering the mandatory conditions under Section 212(6)(ii) of the Companies Act, 2013 and general principles for bail under Section 439 of the

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019) Read Post »

Supreme Court Clarifies Overlap Between Legal Metrology Act and IPC in Fuel Dispensing Fraud Cases: State of Uttar Pradesh vs. Aman Mittal & Anr. (2019) INSC 762 (04 September 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 153, Code of Criminal Procedure, 1973 with Section 482, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 265, Indian Penal Code, 1860 with Section 267, Judges, L. Nageswara Rao, Legal Metrology Act, 2009, Legal Metrology Act, 2009 with Section 26, Legal Metrology Act, 2009 with Section 30, Legal Metrology Act, 2009 with Section 51, Offences Relating to Weights and Measures

Supreme Court Clarifies Overlap Between Legal Metrology Act and IPC in Fuel Dispensing Fraud Cases Date of the Judgment: 04 September 2019 Citation: (2019) INSC 762 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can an individual be prosecuted under both the Indian Penal Code (IPC) and the Legal Metrology Act, 2009 for the same

Supreme Court Clarifies Overlap Between Legal Metrology Act and IPC in Fuel Dispensing Fraud Cases: State of Uttar Pradesh vs. Aman Mittal & Anr. (2019) INSC 762 (04 September 2019) Read Post »

Supreme Court Quashes FIR After Lok Adalat Settlement in Electricity Theft Case: Saleem Ahmed vs. State & Anr. (2019) INSC 738 (19 August 2019)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Electricity Act, 2003, Electricity Act, 2003 with Section 135, Electricity Act, 2003 with Section 152, Electricity Theft, Finality of Lok Adalat Settlement, Judges, Lok Adalat, Quashing of FIR, R. Subhash Reddy, Settlement in Lok Adalat

Supreme Court Quashes FIR After Lok Adalat Settlement in Electricity Theft Case Date of the Judgment: 19 August 2019 Citation: (2019) INSC 738 Judges: Abhay Manohar Sapre, J., R. Subhash Reddy, J. Can a criminal case be pursued after a settlement has been reached in Lok Adalat? The Supreme Court of India addressed this important

Supreme Court Quashes FIR After Lok Adalat Settlement in Electricity Theft Case: Saleem Ahmed vs. State & Anr. (2019) INSC 738 (19 August 2019) Read Post »

Voice Sample Orders: Supreme Court Empowers Magistrates in Criminal Investigations (2 August 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311A, Code of Criminal Procedure, 1973 with Section 53, Constitutional Law, Constitutional Law with Article 20(3), Criminal Investigation, Deepak Gupta, Judges, Ranjan Gogoi, Sanjiv Khanna

Supreme Court empowers Magistrates to order voice samples in criminal investigations LEGAL ISSUE: Whether a Magistrate can order an accused to provide a voice sample during a criminal investigation, even without explicit statutory authorization. CASE TYPE: Criminal Law Case Name: Ritesh Sinha vs. State of Uttar Pradesh Judgment Date: 2 August 2019 Introduction Date of

Voice Sample Orders: Supreme Court Empowers Magistrates in Criminal Investigations (2 August 2019) Read Post »

Supreme Court Upholds High Court Order in Criminal Case: M Tech Developers Pvt. Ltd. vs. State of NCT of Delhi (2019)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Criminal Law, High Court Order, Indu Malhotra, Judges, Special Leave Petition

Supreme Court Upholds High Court Order in Criminal Case: M Tech Developers Pvt. Ltd. vs. State of NCT of Delhi (2019) LEGAL ISSUE: Whether the High Court’s order warrants interference by the Supreme Court in a criminal matter. CASE TYPE: Criminal Case Name: M Tech Developers Pvt. Ltd. vs. State of NCT of Delhi &

Supreme Court Upholds High Court Order in Criminal Case: M Tech Developers Pvt. Ltd. vs. State of NCT of Delhi (2019) Read Post »

Supreme Court settles the applicability of Section 143A of the Negotiable Instruments Act in cheque bounce cases: G.J. Raja vs. Tejraj Surana (30 July 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 357, Code of Criminal Procedure, 1973 with Section 421, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 143A, Negotiable Instruments Act, 1881 with Section 148, Uday Umesh Lalit, Vineet Saran

Supreme Court Rules Section 143A of Negotiable Instruments Act is Prospective | G.J. Raja vs. Tejraj Surana Date of the Judgment: 30 July 2019 Citation: Criminal Appeal No. 1160 of 2019 @ SLP(Crl.)No.3342 of 2019 Judges: Uday Umesh Lalit, J. and Vineet Saran, J. Can an amendment to a law apply to cases that occurred

Supreme Court settles the applicability of Section 143A of the Negotiable Instruments Act in cheque bounce cases: G.J. Raja vs. Tejraj Surana (30 July 2019) Read Post »

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (23 July 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 113B, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 34, Judges, K.M. Joseph, Offences Relating to Marriage, Presumptions, Sanjay Kishan Kaul, Statements to Police

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (2019) Date of the Judgment: 23 July 2019 Citation: 2019 INSC 712 Judges: Justice Sanjay Kishan Kaul and Justice K.M. Joseph Can a High Court reverse a trial court’s acquittal in a dowry death case based on unreliable witness testimony? The Supreme Court

Supreme Court overturns dowry death conviction: Girish Singh vs. State of Uttarakhand (23 July 2019) Read Post »

Supreme Court Upholds Decision Not to Summon Additional Accused Under Section 319 CrPC in Shiv Prakash Mishra vs. State of Uttar Pradesh (23 July 2019)

/ A.S. Bopanna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 307, Judges, Offences Against Human Body, R. Banumathi

Supreme Court Upholds Decision Not to Summon Additional Accused Under Section 319 CrPC LEGAL ISSUE: Whether a trial court can summon a person as an additional accused under Section 319 of the Code of Criminal Procedure (CrPC) based on evidence presented during the trial. CASE TYPE: Criminal Law Case Name: Shiv Prakash Mishra vs. State

Supreme Court Upholds Decision Not to Summon Additional Accused Under Section 319 CrPC in Shiv Prakash Mishra vs. State of Uttar Pradesh (23 July 2019) Read Post »

Supreme Court Upholds Special Court’s Power to Directly Take Cognizance in Electricity Theft Cases: A.M.C.S. Swamy vs. Mehdi Agah Karbalai (2019) INSC 710 (23 July 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 193, Code of Criminal Procedure, 1973 with Section 482, Electricity Act, 2003, Electricity Act, 2003 with Section 135, Electricity Act, 2003 with Section 151, Electricity Act, 2003 with Section 153, Judges, R. Banumathi, R. Subhash Reddy

Supreme Court Upholds Special Court’s Power to Directly Take Cognizance in Electricity Theft Cases Date of the Judgment: 23 July 2019 Citation: (2019) INSC 710 Judges: R. Banumathi, J., R. Subhash Reddy, J. Can a Special Court directly take cognizance of an offense under the Electricity Act, 2003, or is a committal order from a

Supreme Court Upholds Special Court’s Power to Directly Take Cognizance in Electricity Theft Cases: A.M.C.S. Swamy vs. Mehdi Agah Karbalai (2019) INSC 710 (23 July 2019) Read Post »

Supreme Court acquits accused in murder case due to weak circumstantial evidence: State of Rajasthan vs. Mahesh Kumar (2019) INSC 687

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 374, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court acquits accused in murder case due to weak circumstantial evidence: State of Rajasthan vs. Mahesh Kumar (2019) INSC 687 LEGAL ISSUE: Whether the prosecution successfully proved the guilt of the accused based on circumstantial evidence in a murder case. CASE TYPE: Criminal Case Name: State of Rajasthan vs. Mahesh Kumar @ Mahesh Dhaulpuria

Supreme Court acquits accused in murder case due to weak circumstantial evidence: State of Rajasthan vs. Mahesh Kumar (2019) INSC 687 Read Post »

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