Code of Criminal Procedure, 1973

Supreme Court Dismisses Petitions Seeking Inquiry into Judge Loya’s Death (2018) INSC 317

Supreme Court Dismisses Petitions Seeking Inquiry into Judge Loya’s Death (2018) INSC 317 LEGAL ISSUE: Whether the death of Judge Loya was due to natural causes or suspicious circumstances warranting an inquiry. CASE TYPE: Criminal. Case Name: Tehseen Poonawalla vs. Union of India and Anr. [Judgment Date]: 19 April 2018 Introduction Date of the Judgment: […]

Supreme Court Dismisses Petitions Seeking Inquiry into Judge Loya’s Death (2018) INSC 317 Read Post »

Supreme Court quashes defamation case against K.K. Mishra: A case of misuse of Section 199(2) CrPC

Supreme Court quashes defamation case against K.K. Mishra: A case of misuse of Section 199(2) CrPC LEGAL ISSUE: Whether statements made against a public servant are connected to their public duties for a defamation case under Section 199(2) of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Case Name: K.K. Mishra vs. The State

Supreme Court quashes defamation case against K.K. Mishra: A case of misuse of Section 199(2) CrPC Read Post »

Supreme Court Sets Aside Quashing of FIR in Abetment to Suicide Case: Munshiram vs. State of Rajasthan (2018)

Supreme Court Sets Aside Quashing of FIR in Abetment to Suicide Case: Munshiram vs. State of Rajasthan (2018) LEGAL ISSUE: Whether the High Court was right in quashing the FIR for abetment of suicide under Section 306 of the Indian Penal Code (IPC) at the threshold stage without allowing the police to investigate the matter.

Supreme Court Sets Aside Quashing of FIR in Abetment to Suicide Case: Munshiram vs. State of Rajasthan (2018) Read Post »

Supreme Court addresses delays in criminal appeals: Krishna Kant Tamrakar vs. State of Madhya Pradesh (2018)

Supreme Court Addresses Delays in Criminal Appeals: Krishna Kant Tamrakar vs. State of Madhya Pradesh (2018) Date of the Judgment: March 28, 2018 Citation: 2018 INSC 249 Judges: Adarsh Kumar Goel, J., Uday Umesh Lalit, J. Can the justice system ensure timely resolution of criminal appeals, especially when individuals have spent a significant portion of

Supreme Court addresses delays in criminal appeals: Krishna Kant Tamrakar vs. State of Madhya Pradesh (2018) Read Post »

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018)

Supreme Court Clarifies Powers of High Courts in Corruption Cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. CBI (2018) Date of the Judgment: 28 March 2018 Citation: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (2018) INSC 220 Judges: Adarsh Kumar Goel, J., Navin Sinha, J., R.F. Nariman, J. (Concurring)

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018) Read Post »

Prior Sanction for Corruption Investigation: Supreme Court refers the matter to a larger bench in Manju Surana vs. Sunil Arora (2018)

Supreme Court on Prior Sanction for Corruption Investigation: Manju Surana vs. Sunil Arora (2018) LEGAL ISSUE: Whether prior sanction is required for initiating an investigation against a public servant under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for offences under the Prevention of Corruption Act, 1988 (PC Act). CASE TYPE: Criminal Law,

Prior Sanction for Corruption Investigation: Supreme Court refers the matter to a larger bench in Manju Surana vs. Sunil Arora (2018) Read Post »

Supreme Court Sets Aside Erroneous Bail Order in NDPS Case: Satpal Singh vs. State of Punjab (27 March 2018)

Supreme Court Sets Aside Erroneous Bail Order in NDPS Case: Satpal Singh vs. State of Punjab (2018) LEGAL ISSUE: Whether the High Court can grant anticipatory bail in cases involving commercial quantities of narcotics without considering Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. CASE TYPE: Criminal Law (Narcotics) Case Name: Satpal

Supreme Court Sets Aside Erroneous Bail Order in NDPS Case: Satpal Singh vs. State of Punjab (27 March 2018) Read Post »

Supreme Court Enhances Murder Sentence to Life Imprisonment: Bharatkumar Rameshchandra Barot vs. State of Gujarat (26 March 2018)

Supreme Court Enhances Murder Sentence to Life Imprisonment: Bharatkumar Rameshchandra Barot vs. State of Gujarat (2018) Date of the Judgment: 26 March 2018 Citation: 2018 INSC 232 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a court impose a jail sentence less than life imprisonment for a murder conviction under Section 302 of the

Supreme Court Enhances Murder Sentence to Life Imprisonment: Bharatkumar Rameshchandra Barot vs. State of Gujarat (26 March 2018) Read Post »

Supreme Court clarifies safeguards against misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in service matters (20 March 2018)

Supreme Court Clarifies Safeguards Against Misuse of the Atrocities Act LEGAL ISSUE: Safeguards against misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. CASE TYPE: Criminal Law, Service Law Case Name: Dr. Subhash Kashinath Mahajan vs. The State of Maharashtra and Anr. [Judgment Date]: 20 March 2018 Can a public servant

Supreme Court clarifies safeguards against misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in service matters (20 March 2018) Read Post »

Supreme Court Allows Counter FIR in Fraud Case: P. Sreekumar vs. State of Kerala (2018)

Supreme Court Allows Counter FIR in Fraud Case: P. Sreekumar vs. State of Kerala (2018) LEGAL ISSUE: Whether a second FIR is maintainable if it is a counter-complaint arising from the same incident. CASE TYPE: Criminal Law Case Name: P. Sreekumar vs. State of Kerala & Ors. [Judgment Date]: March 19, 2018 Date of the

Supreme Court Allows Counter FIR in Fraud Case: P. Sreekumar vs. State of Kerala (2018) Read Post »

Supreme Court allows exemption from personal appearance under Section 205 CrPC in matrimonial dispute: Rameshwar Yadav vs. State of Bihar (2018)

Supreme Court Allows Exemption from Personal Appearance Under Section 205 CrPC: Rameshwar Yadav vs. State of Bihar (2018) LEGAL ISSUE: Whether a Magistrate can reject an application for exemption from personal appearance under Section 205 of the Code of Criminal Procedure (CrPC) solely on the grounds that the accused is healthy or that their presence

Supreme Court allows exemption from personal appearance under Section 205 CrPC in matrimonial dispute: Rameshwar Yadav vs. State of Bihar (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)

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 »

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