Code of Criminal Procedure, 1973

Supreme Court Upholds Conviction Under NDPS Act: SK Raju vs. State of West Bengal (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 100, Dhananjaya Y Chandrachud, Dipak Misra, Indira Banerjee, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 43, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 50, Search and Seizure

Supreme Court Upholds Conviction Under NDPS Act: SK Raju vs. State of West Bengal (2018) LEGAL ISSUE: Whether the search and seizure of narcotics from a bag carried by an individual requires compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether the search was conducted as per procedure. CASE […]

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Supreme Court clarifies scope of revisional powers in criminal cases: Menoka Malik vs. State of West Bengal (28 August 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 401, Constitutional Law, Constitutional Law with Article 136, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 307, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Offences Against Human Body, Revisional Jurisdiction

Supreme Court on Revisional Powers and Evidence Appraisal in Criminal Cases Date of the Judgment: 28 August 2018 Citation: (2018) INSC 742 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J. Can a High Court, in its revisional jurisdiction, overturn an acquittal by a lower court when material evidence was overlooked? The Supreme Court of India

Supreme Court clarifies scope of revisional powers in criminal cases: Menoka Malik vs. State of West Bengal (28 August 2018) Read Post »

Supreme Court clarifies the scope of Section 362 of the Code of Criminal Procedure in correcting errors: Mohammed Zakir vs. Shabana & Ors. (23 July 2018)

/ Clerical Errors, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 362, Judges, Kurian Joseph, Review of Judgments, Sanjay Kishan Kaul

Supreme Court clarifies the scope of Section 362 CrPC in correcting errors: Mohammed Zakir vs. Shabana & Ors. (23 July 2018) LEGAL ISSUE: Scope of Section 362 of the Code of Criminal Procedure, 1973 (CrPC) in correcting errors in court orders. CASE TYPE: Criminal Case Name: Mohammed Zakir vs. Shabana & Ors. Judgment Date: 23

Supreme Court clarifies the scope of Section 362 of the Code of Criminal Procedure in correcting errors: Mohammed Zakir vs. Shabana & Ors. (23 July 2018) Read Post »

Supreme Court directs fresh maintenance proceedings in domestic dispute: Shalu Ojha vs. Prashant Ojha (23 July 2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Code of Criminal Procedure, 1973 with Section 482, Hindu Adoptions and Maintenance Act, 1956, Judges, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 12

Supreme Court directs fresh maintenance proceedings in domestic dispute: Shalu Ojha vs. Prashant Ojha (2018) Date of the Judgment: 23 July 2018 Citation: Not Available Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a court reduce maintenance awarded under the Protection of Women from Domestic Violence Act, 2005 based on a summary assessment of

Supreme Court directs fresh maintenance proceedings in domestic dispute: Shalu Ojha vs. Prashant Ojha (23 July 2018) Read Post »

Supreme Court Upholds Rejection of Discharge Petition in Dowry Harassment Case: Nayan Prasad vs. State of Bihar (20 July 2018)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 245, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 498A, Judges, Offences Against Women, S. Abdul Nazeer

Supreme Court Upholds Rejection of Discharge Petition in Dowry Harassment Case: Nayan Prasad vs. State of Bihar (2018) Date of the Judgment: 20 July 2018 Citation: Not Available Judges: Abhay Manohar Sapre, J., S. Abdul Nazeer, J. Can in-laws facing charges of dowry harassment seek a discharge based on a technicality, delaying a trial? The

Supreme Court Upholds Rejection of Discharge Petition in Dowry Harassment Case: Nayan Prasad vs. State of Bihar (20 July 2018) Read Post »

Supreme Court Upholds Conviction in Murder Case: Prabhu Dayal vs. State of Rajasthan (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 162, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, L. Nageswara Rao, Mohan M. Shantanagoudar, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case: Prabhu Dayal vs. State of Rajasthan (2018) LEGAL ISSUE: Whether the conviction of the appellant under Section 302 read with Section 149 of the Indian Penal Code, 1860 was justified based on the evidence presented. CASE TYPE: Criminal Law Case Name: Prabhu Dayal vs. The State of Rajasthan

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Supreme Court Upholds Conviction Under Section 138 of NI Act: Kishan Rao vs. Shankargouda (2 July 2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 397, Code of Criminal Procedure, 1973 with Section 401, Dishonour of Cheque, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Revisional Jurisdiction

Supreme Court Upholds Conviction Under Section 138 of NI Act: Kishan Rao vs. Shankargouda (2018) Date of the Judgment: 2 July 2018 Citation: 2018 INSC 603 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a High Court overturn a conviction under Section 138 of the Negotiable Instruments Act, 1881, simply by re-evaluating the evidence? The

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Supreme Court clarifies the mandatory nature of General Diary entries during preliminary inquiries in corruption cases (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 154, Judges, N.V. Ramana, Police Act of 1861, Police Act of 1861 with Section 44, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(e), S. Abdul Nazeer

Supreme Court Clarifies Preliminary Inquiry Requirements in Corruption Cases LEGAL ISSUE: Whether the absence of entries in the General Diary during a preliminary inquiry is fatal to the prosecution in corruption cases. CASE TYPE: Criminal (Prevention of Corruption Act). Case Name: State by Lokayuktha Police vs. H. Srinivas. Judgment Date: May 18, 2018 Introduction Date

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Supreme Court Addresses Defective Charge Framing in Murder Case: Vinubhai Ranchhodbhai Patel vs. Rajivbhai Dudabhai Patel (2018)

/ Charge Framing, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 464, Constitutional Law, Constitutional Law with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, J. Chelameswar, Judges, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Addresses Defective Charge Framing in Murder Case: Vinubhai Ranchhodbhai Patel vs. Rajivbhai Dudabhai Patel (2018) LEGAL ISSUE: Defective framing of charges and the application of vicarious liability under Section 149 of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Vinubhai Ranchhodbhai Patel vs. Rajivbhai Dudabhai Patel & Others [Judgment Date]:

Supreme Court Addresses Defective Charge Framing in Murder Case: Vinubhai Ranchhodbhai Patel vs. Rajivbhai Dudabhai Patel (2018) Read Post »

Supreme Court directs CBI to complete investigation within two months in Jat Agitation Case: Dilawar vs. State of Haryana (2018)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 167, Code of Criminal Procedure, 1973 with Section 57, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indu Malhotra, Judges

Supreme Court Sets Timeline for CBI Investigation in Jat Agitation Case: Dilawar vs. State of Haryana (2018) LEGAL ISSUE: Whether there should be timelines for completing investigation, especially when the accused is in custody. CASE TYPE: Criminal. Case Name: Dilawar vs. State of Haryana. [Judgment Date]: May 1, 2018 Introduction Date of the Judgment: May

Supreme Court directs CBI to complete investigation within two months in Jat Agitation Case: Dilawar vs. State of Haryana (2018) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Last Seen Theory: Satpal vs. State of Haryana (01 May 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case Based on Last Seen Theory: Satpal vs. State of Haryana (2018) LEGAL ISSUE: Whether the ‘last seen theory’ can be the basis of conviction in a murder case. CASE TYPE: Criminal Case Name: Satpal vs. State of Haryana [Judgment Date]: 01 May 2018 Date of the Judgment: 01

Supreme Court Upholds Conviction in Murder Case Based on Last Seen Theory: Satpal vs. State of Haryana (01 May 2018) Read Post »

Supreme Court clarifies Trial Court’s powers regarding additional charges in assault case: Osama Aziz vs State of Uttar Pradesh (2018)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, D.Y. Chandrachud, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 147, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 323, Judges

Supreme Court clarifies Trial Court’s powers regarding additional charges in assault case: Osama Aziz vs State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the Trial Court can frame additional charges, specifically under Section 307 of the Indian Penal Code, after a charge sheet has been filed. CASE TYPE: Criminal Law Case Name: Osama Aziz and

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