Code of Criminal Procedure, 1973

Supreme Court clarifies the scope of revisional powers under Section 398 of the Code of Criminal Procedure in land fraud case: Rajendra Rajoriya vs. Jagat Narain Thapak (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 398, Cognizance, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, N. V. Ramana, Revisional Jurisdiction, S. Abdul Nazeer

Supreme Court Clarifies Scope of Revisional Powers under Section 398 CrPC: Rajendra Rajoriya vs. Jagat Narain Thapak (2018) LEGAL ISSUE: Scope of revisional powers under Section 398 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Case Name: Rajendra Rajoriya vs. Jagat Narain Thapak and Another Judgment Date: 23 February 2018 Introduction Date of […]

Supreme Court clarifies the scope of revisional powers under Section 398 of the Code of Criminal Procedure in land fraud case: Rajendra Rajoriya vs. Jagat Narain Thapak (2018) Read Post »

Supreme Court Quashes FIR in Matrimonial Dispute: Wasim Anwar vs. State of NCT of Delhi (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Judges, Kurian Joseph, Mohan M. Shantanagoudar

Supreme Court Quashes FIR in Matrimonial Dispute: Wasim Anwar vs. State of NCT of Delhi (2018) LEGAL ISSUE: Quashing of FIR based on settlement in matrimonial disputes. CASE TYPE: Criminal Case Name: Wasim Anwar vs. State of NCT of Delhi & Anr. Judgment Date: 19 February 2018 Date of the Judgment: 19 February 2018 Citation:

Supreme Court Quashes FIR in Matrimonial Dispute: Wasim Anwar vs. State of NCT of Delhi (2018) Read Post »

Supreme Court Grants Bail: Upholding Presumption of Innocence in Dataram Singh vs. State of Uttar Pradesh (6 February 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 436, Code of Criminal Procedure, 1973 with Section 436A, Deepak Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 419, Indian Penal Code, 1860 with Section 420, Judges, Madan B. Lokur, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138

Supreme Court Grants Bail: Dataram Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether bail should be granted when the accused was not arrested during investigation and there is no apprehension of absconding. CASE TYPE: Criminal Case Name: Dataram Singh vs. State of Uttar Pradesh & Anr. Judgment Date: 6 February 2018 Introduction Date

Supreme Court Grants Bail: Upholding Presumption of Innocence in Dataram Singh vs. State of Uttar Pradesh (6 February 2018) Read Post »

Supreme Court grants anticipatory bail and allows withdrawal of deposit in West Bengal case (30 January 2018)

/ Anticipatory Bail, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, Judges, Kurian Joseph, Mohan M. Shantanagoudar

Supreme Court Grants Anticipatory Bail and Allows Withdrawal of Deposit in West Bengal Case Date of the Judgment: 30 January 2018 Citation: 2018 INSC 60 Judges: Justice Kurian Joseph and Justice Mohan M. Shantanagoudar Can a compromise between the accused and the complainant lead to the grant of anticipatory bail? The Supreme Court addressed this

Supreme Court grants anticipatory bail and allows withdrawal of deposit in West Bengal case (30 January 2018) Read Post »

Supreme Court Orders Retrial in Murder Case Due to Procedural Errors: Issac vs. Ronald Cheriyan (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 386, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, R. Banumathi, Ranjan Gogoi

Supreme Court Orders Retrial in Murder Case Due to Procedural Errors: Issac vs. Ronald Cheriyan (2018) LEGAL ISSUE: Whether the High Court was correct in ordering a retrial due to procedural errors in the original trial. CASE TYPE: Criminal Case Name: Issac @ Kishor vs. Ronald Cheriyan and Ors. [Judgment Date]: 23 January 2018 Date

Supreme Court Orders Retrial in Murder Case Due to Procedural Errors: Issac vs. Ronald Cheriyan (2018) Read Post »

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of the High Court, Judges, Offences Relating to Property

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) LEGAL ISSUE: Whether a criminal case involving allegations of cheating can be quashed by the High Court when the parties have reached a settlement? CASE TYPE: Criminal Case Name: Smt. Anita Maria Dias & Anr. vs. The State of Maharashtra

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) Read Post »

Supreme Court sets aside High Court order on suspension of sentence in murder case: Sunita Devi vs. State of Bihar (2018)

/ Amitava Roy, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 389, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Kurian Joseph, Offences Against Human Body, Suspension of Sentence

Supreme Court sets aside High Court order on suspension of sentence in murder case: Sunita Devi vs. State of Bihar (2018) LEGAL ISSUE: Whether the High Court followed the mandatory procedure under Section 389 of the Code of Criminal Procedure, 1973 (CrPC) while suspending the sentence of a convict in a murder case. CASE TYPE:

Supreme Court sets aside High Court order on suspension of sentence in murder case: Sunita Devi vs. State of Bihar (2018) Read Post »

Supreme Court Upholds FIR, Rejects Quashing in Land Fraud Case: Dineshbhai Chandubhai Patel vs. State of Gujarat (2018)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Judges, R.K. Agrawal, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3

Supreme Court Upholds FIR, Rejects Quashing in Land Fraud Case: Dineshbhai Chandubhai Patel vs. State of Gujarat (2018) Date of the Judgment: January 5, 2018 Citation: (2018) INSC 12 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a High Court quash an entire FIR after partially quashing it? The Supreme Court of India addressed

Supreme Court Upholds FIR, Rejects Quashing in Land Fraud Case: Dineshbhai Chandubhai Patel vs. State of Gujarat (2018) Read Post »

Supreme Court Upholds Freezing of Bank Accounts in Gujarat Riot Funds Case: Teesta Setalvad & Ors. vs. State of Gujarat (2017) INSC 1069 (15 December 2017)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 102, Dipak Misra, Foreign Contribution (Regulation) Act, 1976, Foreign Contribution (Regulation) Act, 1976 with Foreign Donations, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Judges, Offences Relating to Criminal Breach of Trust, Power of Police to Seize Property

LEGAL ISSUE: The central legal issue is the extent of the power of police officers to seize bank accounts under Section 102 of the Code of Criminal Procedure, 1973, particularly when those accounts are suspected to be linked to a crime. CASE TYPE: Criminal. Case Name: Teesta Atul Setalvad vs. The State of Gujarat. Judgment

Supreme Court Upholds Freezing of Bank Accounts in Gujarat Riot Funds Case: Teesta Setalvad & Ors. vs. State of Gujarat (2017) INSC 1069 (15 December 2017) Read Post »

Supreme Court Sets Aside High Court Order Quashing Summons in Land Fraud Case: Prabhu Dutt Tiwari vs. State of Uttar Pradesh (2017)

/ Amitava Roy, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 202, Code of Criminal Procedure, 1973 with Section 204, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Judges, Kurian Joseph, Offences Relating to Documents, Offences Relating to Property

LEGAL ISSUE: Scope of Magistrate’s powers at the summoning stage in a criminal case. CASE TYPE: Criminal Law Case Name: Prabhu Dutt Tiwari vs. The State of Uttar Pradesh & Ors. [Judgment Date]: December 7, 2017 Introduction Date of the Judgment: December 7, 2017 Citation: 2017 INSC 1045 Judges: Hon’ble Mr. Justice Kurian Joseph and

Supreme Court Sets Aside High Court Order Quashing Summons in Land Fraud Case: Prabhu Dutt Tiwari vs. State of Uttar Pradesh (2017) Read Post »

Supreme Court Clarifies Power to Summon Additional Documents at Charge Framing Stage: Nitya Dharmananda vs. Sri Gopal Sheelum Reddy (2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Code of Criminal Procedure, 1973 with Section 91, Framing of Charges, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Judges, Uday Umesh Lalit

LEGAL ISSUE: Whether a court can summon documents not included in the charge sheet at the stage of framing charges under Section 91 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Law Case Name: Nitya Dharmananda @ K. Lenin & Anr. vs. Sri Gopal Sheelum Reddy Also Known As Nithya Bhaktananda and Anr.

Supreme Court Clarifies Power to Summon Additional Documents at Charge Framing Stage: Nitya Dharmananda vs. Sri Gopal Sheelum Reddy (2017) Read Post »

Supreme Court Quashes Chargesheet Based on National Commission for Scheduled Castes’ Direction: Ishwar Pratap Singh vs State of UP (28 November 2017)

/ Amitava Roy, Code of Criminal Procedure, 1973, 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 506, Judges, Kurian Joseph, Offences Against Human Body, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(x)

Date of the Judgment: 28 November 2017 Citation: Ishwar Pratap Singh & Ors. v. The State of Uttar Pradesh & Anr., Criminal Appeal No. 2039 of 2017 (Arising out of SLP (Crl) No. 6835 of 2015) Judges: Kurian Joseph, J. and Amitava Roy, J. Can a National Commission dictate the course of a police investigation?

Supreme Court Quashes Chargesheet Based on National Commission for Scheduled Castes’ Direction: Ishwar Pratap Singh vs State of UP (28 November 2017) Read Post »

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