Code of Criminal Procedure, 1973

Multiple FIRs Allowed in Co-operative Society Fraud: Supreme Court Judgment (2017)

/ 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 120B, Indian Penal Code, 1860 with Section 420, Judges, Offences Relating to Property, R.K. Agrawal

Date of the Judgment: November 15, 2017 Citation: (2017) INSC 976 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can multiple FIRs be filed for similar offenses involving different entities but the same accused? The Supreme Court of India recently addressed this question in a case involving alleged fraud in multiple co-operative housing societies. The […]

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Supreme Court overturns conviction in NDPS case due to faulty identification: Khekh Ram vs. State of H.P. (2017)

/ Amitava Roy, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Judges, N.V. Ramana, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 29

Can a conviction be upheld when the identification of the accused is questionable? The Supreme Court of India recently addressed this in a case involving the Narcotic Drugs and Psychotropic Substances Act, 1985. The court overturned a conviction, emphasizing the need for conclusive evidence. This case highlights the importance of proper identification in criminal trials.

Supreme Court overturns conviction in NDPS case due to faulty identification: Khekh Ram vs. State of H.P. (2017) Read Post »

Supreme Court Upholds Conviction Under Section 325 IPC, Modifies Sentence: State of Uttar Pradesh vs. Tribhuwan & Ors. (2017)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 428, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 325, Judges, Offences Against Human Body, R.K. Agrawal

LEGAL ISSUE: Whether a High Court can set aside a jail sentence and impose only a fine for an offense punishable under Section 325 of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: The State of Uttar Pradesh vs. Tribhuwan & Ors. [Judgment Date]: 6 November 2017 Date of the Judgment: 6

Supreme Court Upholds Conviction Under Section 325 IPC, Modifies Sentence: State of Uttar Pradesh vs. Tribhuwan & Ors. (2017) Read Post »

Supreme Court Upholds Dismissal of Forgery Complaint: Senior Manager (P&D), RIICO Ltd. vs. State of Rajasthan (2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 195, Cognizance of Offences, Judges

Can a criminal case for forgery be dismissed if the forged document was presented in court? The Supreme Court of India addressed this question in a case involving allegations of a forged letter. The Court examined whether the lower courts were correct in dismissing the complaint. The judgment was delivered by a two-judge bench of

Supreme Court Upholds Dismissal of Forgery Complaint: Senior Manager (P&D), RIICO Ltd. vs. State of Rajasthan (2017) Read Post »

Supreme Court Orders Retrial in Amit Jethwa Murder Case, Cancels Bail of Accused: Dinubhai Boghabhai Solanki vs. State of Gujarat (2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 386, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 226, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 114, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Date of the Judgment: October 30, 2017 Citation: (2017) INSC 942 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a trial be considered fair if most of the witnesses turn hostile due to intimidation? The Supreme Court of India recently addressed this critical question in the case of Dinubhai Boghabhai Solanki vs. State of

Supreme Court Orders Retrial in Amit Jethwa Murder Case, Cancels Bail of Accused: Dinubhai Boghabhai Solanki vs. State of Gujarat (2017) Read Post »

Supreme Court clarifies the scope of Section 319 CrPC in summoning additional accused: S. Mohammed Ispahani vs. Yogendra Chandak (2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Constitutional Law, Constitutional Law with Article 14, Criminal Procedure, Judges

October 4, 2017 LEGAL ISSUE: The core legal question is about the circumstances under which a court can summon additional individuals as accused under Section 319 of the Code of Criminal Procedure (CrPC), particularly when those individuals were named in the First Information Report (FIR) but not in the charge sheet. CASE TYPE: This case

Supreme Court clarifies the scope of Section 319 CrPC in summoning additional accused: S. Mohammed Ispahani vs. Yogendra Chandak (2017) Read Post »

Supreme Court Upholds FIR in Land Fraud Case: Parbatbhai Ahir vs. State of Gujarat (2017)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, D.Y. Chandrachud, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 384, Judges, Offences Relating to Documents

Can a settlement between parties nullify serious criminal charges like forgery and extortion? The Supreme Court of India addressed this crucial question in Parbatbhai Ahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. v. State of Gujarat and Anr. This case highlights the limits of quashing criminal proceedings, especially when they involve significant societal implications beyond a

Supreme Court Upholds FIR in Land Fraud Case: Parbatbhai Ahir vs. State of Gujarat (2017) Read Post »

Supreme Court Upholds Trial Court’s Decision on Witness Re-examination in Criminal Case: Ratanlal vs. Prahlad Jat & Ors (2017)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311, Constitutional Law, Constitutional Law with Article 136, Criminal Conspiracy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J. Chelameswar, Judges, Offences Against Human Body, S. Abdul Nazeer, Witness Examination

LEGAL ISSUE: Whether a trial court can reject a witness’s application for re-examination under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) if the application is made after a significant delay and without sufficient explanation, especially when the witness had previously supported the prosecution’s case. CASE TYPE: Criminal Law Case Name: Ratanlal vs.

Supreme Court Upholds Trial Court’s Decision on Witness Re-examination in Criminal Case: Ratanlal vs. Prahlad Jat & Ors (2017) Read Post »

Supreme Court Addresses Unnatural Deaths in Prisons: A Call for Reform (2017)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 176(1A), Constitutional Law, Constitutional Law with Article 21, Deepak Gupta, Fundamental Rights, Judges, Madan B. Lokur

LEGAL ISSUE: Examining the issue of unnatural deaths in prisons and the need for prison reforms. CASE TYPE: Public Interest Litigation Case Name: Re- Inhuman Conditions in 1382 Prisons Judgment Date: 15 September 2017 Date of the Judgment: 15 September 2017 Citation: W.P. (C) No. 406/2013 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can

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Supreme Court Upholds Interim Bail for Ryan School Trustees in Murder Case (11 December 2017)

/ Abhay Manohar Sapre, Anticipatory Bail, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 438, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Interim Bail, Judges, Offences Against Human Body, R.K. Agrawal

Can the top management of a school be granted interim bail when a student is murdered on the school premises? The Supreme Court of India addressed this question while hearing an appeal against the grant of interim bail to the trustees of Ryan International School. The court upheld the High Court’s decision to grant interim

Supreme Court Upholds Interim Bail for Ryan School Trustees in Murder Case (11 December 2017) Read Post »

Supreme Court overturns Bombay High Court order on defreezing of bank accounts in MPID case (7 September 2017)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 102, Criminal Procedure, D.Y. Chandrachud, Judges, Maharashtra Protection of Interest of Depositors Act, 1999, Maharashtra Protection of Interest of Depositors Act, 1999 with Section 14, Maharashtra Protection of Interest of Depositors Act, 1999 with Section 3, N.V. Ramana

LEGAL ISSUE: Whether the High Court can entertain a second application for the same relief after the first one was withdrawn. CASE TYPE: Criminal Law, Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 Case Name: State of Maharashtra vs. Avinash Judgment Date: 7 September 2017 Date of the Judgment: 7 September 2017

Supreme Court overturns Bombay High Court order on defreezing of bank accounts in MPID case (7 September 2017) Read Post »

Supreme Court Directs Expedited Resolution in Domestic Violence Maintenance Case: Shalu Ojha vs. Prashant Ojha (2017) INSC 772 (4 September 2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Judges, Maintenance under DV Act, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 12, Protection of Women from Domestic Violence Act, 2005 with Section 29

Can a court reduce the maintenance amount awarded in a domestic violence case? The Supreme Court of India addressed this question in a recent case, emphasizing the need for a swift resolution. This case highlights the complexities and delays often encountered in domestic violence proceedings, particularly concerning maintenance orders. The judgment was delivered by a

Supreme Court Directs Expedited Resolution in Domestic Violence Maintenance Case: Shalu Ojha vs. Prashant Ojha (2017) INSC 772 (4 September 2017) Read Post »

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