Code of Criminal Procedure, 1973

Supreme Court quashes criminal proceedings against Himachal Pradesh Cricket Association: HPCA vs. State of Himachal Pradesh (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Companies Act, 1956, Companies Act, 1956 with Section 25, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Judges, Offences Relating to Property

Supreme Court quashes criminal proceedings against Himachal Pradesh Cricket Association: HPCA vs. State of Himachal Pradesh (2018) LEGAL ISSUE: Whether criminal proceedings initiated against the Himachal Pradesh Cricket Association (HPCA) and its members for alleged irregularities in land leases and conversion from a society to a company were justified. CASE TYPE: Criminal Law Case Name: […]

Supreme Court quashes criminal proceedings against Himachal Pradesh Cricket Association: HPCA vs. State of Himachal Pradesh (2018) Read Post »

Supreme Court Commutes Death Sentence to Life Imprisonment with 20-Year Cap in Babasaheb Maruti Kamble vs. State of Maharashtra (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 235, Code of Criminal Procedure, 1973 with Section 354, Constitutional Law, Constitutional Law with Article 137, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court Commutes Death Sentence to Life Imprisonment with 20-Year Cap in Babasaheb Maruti Kamble vs. State of Maharashtra (2018) LEGAL ISSUE: Whether the death penalty awarded to the accused should be upheld or commuted to life imprisonment. CASE TYPE: Criminal Case Name: Babasaheb Maruti Kamble vs. State of Maharashtra Judgment Date: November 1, 2018

Supreme Court Commutes Death Sentence to Life Imprisonment with 20-Year Cap in Babasaheb Maruti Kamble vs. State of Maharashtra (2018) Read Post »

Supreme Court modifies conviction in private defense case: Jangir Singh vs. State of Punjab (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 379, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Offences Against Human Body

Supreme Court modifies conviction in private defense case: Jangir Singh vs. State of Punjab (2018) LEGAL ISSUE: Whether the accused exceeded his right to private defense while causing the death of the deceased. CASE TYPE: Criminal Law Case Name: Jangir Singh vs. The State of Punjab [Judgment Date]: 31 October 2018 Date of the Judgment:

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Supreme Court Upholds Conviction in Gang Rape Case, Criticizes High Court’s Approach: State (Govt. of NCT of Delhi) vs. Pankaj Chaudhary and Ors. (2018) INSC 928 (30 October 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 340, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 193, Indian Penal Code, 1860 with Section 195, Indian Penal Code, 1860 with Section 376, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Conviction in Gang Rape Case, Criticizes High Court’s Approach Date of the Judgment: 30 October 2018 Citation: (2018) INSC 928 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a High Court reverse a trial court’s conviction in a rape case based on discrepancies in the timing of related police actions and

Supreme Court Upholds Conviction in Gang Rape Case, Criticizes High Court’s Approach: State (Govt. of NCT of Delhi) vs. Pankaj Chaudhary and Ors. (2018) INSC 928 (30 October 2018) Read Post »

Supreme Court Upholds Life Sentence with 30-Year Cap in Double Murder Case: Jitendra @ Kalla vs. State of NCT of Delhi (25 October 2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 427, Criminal Appeals, Judges, Sentencing, Supreme Court Judgments

Supreme Court Upholds Life Sentence with 30-Year Cap in Double Murder Case: Jitendra @ Kalla vs. State of NCT of Delhi (2018) LEGAL ISSUE: Whether a life sentence can be coupled with a condition of no remission for a specified period, and whether sentences for multiple life imprisonments should run consecutively or concurrently. CASE TYPE:

Supreme Court Upholds Life Sentence with 30-Year Cap in Double Murder Case: Jitendra @ Kalla vs. State of NCT of Delhi (25 October 2018) Read Post »

Supreme Court Upholds Maintenance Rights for Woman in Live-in Relationship: Kamala vs. M.R. Mohan Kumar (2018) INSC 884

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 494, Indira Banerjee, Judges, Maintenance, R. Banumathi

Supreme Court Upholds Maintenance Rights for Woman in Live-in Relationship: Kamala vs. M.R. Mohan Kumar (2018) INSC 884 LEGAL ISSUE: Whether a woman in a live-in relationship is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal – Maintenance Case Name: Kamala and Others vs. M.R. Mohan Kumar

Supreme Court Upholds Maintenance Rights for Woman in Live-in Relationship: Kamala vs. M.R. Mohan Kumar (2018) INSC 884 Read Post »

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC in Acquittal Cases (2018)

/ Appeals, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 372, Code of Criminal Procedure, 1973 with Section 378, Constitutional Law, Deepak Gupta, Fundamental Rights, Indian Penal Code, 1860, Judges, Madan B. Lokur, Offences Against Human Body, S. Abdul Nazeer

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC LEGAL ISSUE: Whether a victim has a right to appeal against an acquittal order and whether leave to appeal is required. CASE TYPE: Criminal Law Case Name: Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka & Ors. [Judgment Date]: 12

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC in Acquittal Cases (2018) Read Post »

Supreme Court clarifies effect of stay on conviction in disqualification of legislators: Lok Prahari vs. Election Commission of India (26 September 2018)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 389, Constitution of India, Constitution of India with Article 102, Constitution of India with Article 191, Dhananjaya Y Chandrachud, Dipak Misra, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 8

Supreme Court clarifies effect of stay on conviction in disqualification of legislators: Lok Prahari vs. Election Commission of India (2018) LEGAL ISSUE: Whether a stay of conviction by an appellate court nullifies the disqualification of a legislator under the Representation of the People Act, 1951. CASE TYPE: Public Interest Litigation, Election Law. Case Name: Lok

Supreme Court clarifies effect of stay on conviction in disqualification of legislators: Lok Prahari vs. Election Commission of India (26 September 2018) Read Post »

Supreme Court Allows Live Streaming of Proceedings for Public Access: Swapnil Tripathi vs. Supreme Court of India (2018) INSC 784 (26 September 2018)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 153-B, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 327, Constitutional Law, Constitutional Law with Article 145(4), Constitutional Law with Article 21, Dhananjaya Y Chandrachud, Dipak Misra, Fundamental Rights, Judges

Supreme Court Allows Live Streaming of Proceedings for Public Access Date of the Judgment: 26 September 2018 Citation: (2018) INSC 784 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J, Dr. Dhananjaya Y Chandrachud, J Can the public have real-time access to court proceedings? The Supreme Court of India recently addressed this critical question, paving the way

Supreme Court Allows Live Streaming of Proceedings for Public Access: Swapnil Tripathi vs. Supreme Court of India (2018) INSC 784 (26 September 2018) Read Post »

Supreme Court Upholds Trial Court’s Decision on Limitation in Property Dispute: Ghewarchand vs. Mahendra Singh (20 September 2018)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 145, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 65, S. Abdul Nazeer

Supreme Court Upholds Trial Court’s Decision on Limitation in Property Dispute: Ghewarchand vs. Mahendra Singh (2018) LEGAL ISSUE: Determining the correct limitation period for a suit involving declaration of title, injunction, and possession of property. CASE TYPE: Civil Property Dispute Case Name: Ghewarchand & Ors. vs. M/s Mahendra Singh & Ors. Judgment Date: 20 September

Supreme Court Upholds Trial Court’s Decision on Limitation in Property Dispute: Ghewarchand vs. Mahendra Singh (20 September 2018) Read Post »

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 41, Code of Criminal Procedure, 1973 with Section 482, D.Y. Chandrachud, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 498A, Judges, Offences Against Women

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018) LEGAL ISSUE: Examination of guidelines for the implementation of Section 498A of the Indian Penal Code, 1860 concerning cruelty against married women. CASE TYPE: Criminal Law, Matrimonial Disputes Case Name: Social Action Forum for Manav Adhikar & Anr. vs. Union of India, Ministry

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018) Read Post »

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018) LEGAL ISSUE: Whether a Public Prosecutor can act solely on government instructions when seeking to withdraw a criminal case under Section 321 of the Code of Criminal Procedure (CrPC), and the extent of the

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018) Read Post »

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