Code of Criminal Procedure, 1973

Supreme Court sets aside High Court order dismissing leave to appeal in acquittal case: State of Himachal Pradesh vs. Manoj Kumar (29 September 2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Dr. ARIJIT PASAYAT, Dr. Mukundakam Sharma, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376/511, Indian Penal Code, 1860 with Section 506, Judges

Date of the Judgment: 29 September 2008 Citation: [Not Available in Source] Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Can a High Court dismiss an application for leave to appeal against an acquittal without providing reasons? The Supreme Court addressed this question in a case where the Himachal Pradesh High Court summarily dismissed […]

Supreme Court sets aside High Court order dismissing leave to appeal in acquittal case: State of Himachal Pradesh vs. Manoj Kumar (29 September 2008) Read Post »

From Murder to Culpable Homicide: Supreme Court Revisits Section 304, IPC in Bihari Rai vs. State of Bihar (2008)

/ Arijit Pasayat, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 145, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Mukundakam Sharma, Right to Private Defense

Introduction Date of the Judgment: September 26, 2008 Citation: Criminal Appeal No. 1536 of 2008 (Arising out of S.L.P. (Crl.) No.862 of 2007) Judges: Dr. Arijit Pasayat, J. and Dr. Mukundakam Sharma, J. Can a conviction for murder be reduced to culpable homicide if the crime occurred during a sudden quarrel? The Supreme Court of

From Murder to Culpable Homicide: Supreme Court Revisits Section 304, IPC in Bihari Rai vs. State of Bihar (2008) Read Post »

Supreme Court allows compounding of offence under Section 324 IPC in hurt case: Manoj & Anr. vs. State of Madhya Pradesh (25 September 2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 320, Compounding of Offences, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 324, Judges, Lokeshwar Singh Panta, Offences Affecting the Human Body, R. V. Raveendran

Date of the Judgment: 25 September 2008 Citation: [Not Available in Source Text] Judges: Justice R. V. Raveendran, Justice Lokeshwar Singh Panta Can villagers resolve disputes, even those involving physical harm, through mutual agreement? The Supreme Court addressed this question in a case where two brothers were convicted of causing hurt with dangerous weapons. The

Supreme Court allows compounding of offence under Section 324 IPC in hurt case: Manoj & Anr. vs. State of Madhya Pradesh (25 September 2008) Read Post »

Supreme Court settles procedure for complaints alleging fraud: Ketankumar Babulal Patel vs. Kesarben Jesangji (23 September 2008)

/ Arijit Pasayat, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 202, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Judges, Mukundakam Sharma

Introduction Date of the Judgment: 23 September 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. When a complaint alleging fraud and other related offences is filed, what procedure should a Magistrate follow? The Supreme Court of India addressed this question in the case of Ketankumar Babulal Patel vs. Kesarben Jesangji. The core issue

Supreme Court settles procedure for complaints alleging fraud: Ketankumar Babulal Patel vs. Kesarben Jesangji (23 September 2008) Read Post »

Supreme Court overturns conviction in dowry death case due to flawed charges: Basavaraja & Ors. vs. State of Karnataka (22 September 2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dr. ARIJIT PASAYAT, G.S. Singhvi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, V.S. Sirpurkar

Introduction Date of the Judgment: 22 September 2008 Judges: Dr. Arijit Pasayat, J., V.S. Sirpurkar, J., G.S. Singhvi, J. Can a conviction be upheld if the charges framed are inconsistent with the medical evidence presented? The Supreme Court of India addressed this critical question in the case of Basavaraja & Ors. v. State of Karnataka.

Supreme Court overturns conviction in dowry death case due to flawed charges: Basavaraja & Ors. vs. State of Karnataka (22 September 2008) Read Post »

Supreme Court clarifies the scope of inherent powers of High Court under Section 482 Cr.P.C. in quashing FIR: Lakhwant Singh vs. Jasbir Singh (2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Dr. ARIJIT PASAYAT, G.S. Singhvi, Inherent Powers of High Court, Judges

Introduction Date of the Judgment: September 16, 2008 Citation: Criminal Appeal No. 281 of 2003 Judges: Dr. Arijit Pasayat, J., G.S. Singhvi, J. Can a High Court quash a First Information Report (FIR) based on its inherent powers? The Supreme Court addressed this question in the case of Lakhwant Singh v. Jasbir Singh, focusing on

Supreme Court clarifies the scope of inherent powers of High Court under Section 482 Cr.P.C. in quashing FIR: Lakhwant Singh vs. Jasbir Singh (2008) Read Post »

Supreme Court overturns conviction in rape case due to inconsistent evidence: Lalliram and Anr. vs. State of M.P. (2008)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Dr. ARIJIT PASAYAT, Dr. Mukundakam Sharma, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 342, Indian Penal Code, 1860 with Section 376, Indian Penal Code, 1860 with Section 392, Judges

Date of the Judgment: September 15, 2008 Citation: [Not Available in Source] Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. In a case of alleged rape, how should courts weigh inconsistencies in the prosecutrix’s testimony against medical evidence? The Supreme Court of India addressed this critical question in the case of Lalliram and Anr.

Supreme Court overturns conviction in rape case due to inconsistent evidence: Lalliram and Anr. vs. State of M.P. (2008) Read Post »

Supreme Court sets aside Karnataka High Court order on simultaneous trials in misappropriation case: State of Karnataka vs. Annegowda (2006)

/ Ashok Bhan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 242, Code of Criminal Procedure, 1973 with Section 313, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 409, Indian Penal Code, 1860 with Section 467, Indian Penal Code, 1860 with Section 468, Judges, Markandey Katju

Introduction Date of the Judgment: 13/07/2006 Citation: Appeal (crl.) 759 of 2006 Judges: Ashok Bhan & Markandey Katju Is it permissible for a High Court to direct a Trial Court to hold trials and record evidence in multiple cases simultaneously against the same accused? This question was addressed by the Supreme Court of India in

Supreme Court sets aside Karnataka High Court order on simultaneous trials in misappropriation case: State of Karnataka vs. Annegowda (2006) Read Post »

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