Criminal Law

Supreme Court Upholds Conviction in Attempted Murder Case: Murugan vs. State (2008)

/ Appeal against Acquittal, Arijit Pasayat, Attempt to Murder, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 341, Indian Penal Code, 1860 with Section 342, Judges, Mukundakam Sharma

Date of the Judgment: September 30, 2008 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Can inconsistencies in witness statements undermine a conviction in an attempted murder case? The Supreme Court of India addressed this question in an appeal concerning […]

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Supreme Court modifies conviction for Budhi Lal in culpable homicide case: Budhi Lal vs. State of Uttarakhand (26 September 2008)

/ Criminal Procedure Code, Criminal Procedure Code with Section 313, Culpable Homicide, Dr. ARIJIT PASAYAT, Dr. Mukundakam Sharma, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges

Introduction Date of the Judgment: 26 September 2008 Judges: Dr. Arijit Pasayat and Dr. Mukundakam Sharma Can a conviction under Section 302 of the Indian Penal Code be modified to Section 304 Part-I based on the factual scenario and manner of assault? The Supreme Court addressed this question in the case of Budhi Lal v.

Supreme Court modifies conviction for Budhi Lal in culpable homicide case: Budhi Lal vs. State of Uttarakhand (26 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 sets aside conviction under NDPS Act due to lack of legal representation: Man Singh & Anr. vs. State of M.P. (24 September 2008)

/ Arijit Pasayat, Criminal Law, Judges, Legal Representation, Mukundakam Sharma, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 8

Introduction Date of the Judgment: 24 September 2008 Citation: Criminal Appeal No. 1516 of 2008 (Arising out of S.L.P. (Crl.) No. 5051 of 2007) Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. What happens when a lawyer appointed to defend an accused person doesn’t show up in court? The Supreme Court recently addressed this

Supreme Court sets aside conviction under NDPS Act due to lack of legal representation: Man Singh & Anr. vs. State of M.P. (24 September 2008) Read Post »

Supreme Court Quashes Conviction in NDPS Act Case Due to Non-Compliance with Search Procedure: Man Bahadur vs. State of H.P. (23 September 2008)

/ Criminal Law, Cyriac Joseph, Fair Trial, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 50, S.B. Sinha, Search and Seizure

Introduction Date of the Judgment: 23 September 2008 The Supreme Court of India addressed a critical question: Is it mandatory for an investigating officer to inform an accused of their right to be searched in the presence of a Magistrate or a gazetted officer, as per Section 50 of the Narcotic Drugs and Psychotropic Substances

Supreme Court Quashes Conviction in NDPS Act Case Due to Non-Compliance with Search Procedure: Man Bahadur vs. State of H.P. (23 September 2008) Read Post »

Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008)

/ Aftab Alam, Alternative Remedy, High Court Order, Judges, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Tarun Chatterjee, Violation of Natural Justice, Writ Petition

Introduction Date of the Judgment: September 16, 2008 Judges: Justice Tarun Chatterjee, Justice Aftab Alam When is it acceptable for a higher court to intervene, even when other legal avenues are available? The Supreme Court of India addressed this critical question in Mariamma Roy vs. Indian Bank, focusing on the principles of natural justice. The

Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008) Read Post »

Supreme Court Reduces Sentences in Attempt to Murder Case: Virsa Singh and Ors. vs. State of Punjab (09 September 2008)

/ Attempt to Murder, B.N. Agrawal, Criminal Law, Harjit Singh Bedi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 326, Judges, Unlawful Assembly

Date of the Judgment: 09 September 2008 Citation: N/A Judges: Justice B.N. Agrawal, Justice Harjit Singh Bedi In a criminal appeal concerning a case of attempted murder, the Supreme Court of India addressed the matter of sentencing. The central issue revolved around whether the High Court was justified in upholding the convictions and sentences imposed

Supreme Court Reduces Sentences in Attempt to Murder Case: Virsa Singh and Ors. vs. State of Punjab (09 September 2008) Read Post »

Supreme Court Reduces Sentence in Assault Case: Claudio Fernandes vs. State of Goa (2008)

/ B.N. Agrawal, Criminal Appeal, Criminal Law, Harjit Singh Bedi, Indian Penal Code, 1860, Judges, Sentence Reduction, Sentencing, Supreme Court Judgments

Introduction Date of the Judgment: September 09, 2008 Judges: B.N. Agrawal and Harjit Singh Bedi, JJ. In cases involving allegations of assault, the length of imprisonment can vary significantly based on the specific facts and circumstances. The Supreme Court of India, in the case of Claudio Fernandes vs. State of Goa, addressed the issue of

Supreme Court Reduces Sentence in Assault Case: Claudio Fernandes vs. State of Goa (2008) Read Post »

Supreme Court Sets Aside Order Due to Lack of Notice in Criminal Proceedings: Neelakanteswaraswamy vs. M. Mahadevamurthy (2008)

/ Aftab Alam, Constitutional Law, Criminal Law, Criminal Procedure, Due Process, Judges, Principles of Natural Justice, Tarun Chatterjee

Date of the Judgment: September 08, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. Did you know that failing to properly notify an accused person about a court hearing can lead to the entire legal proceeding being overturned? The Supreme Court of India recently addressed this critical issue of procedural fairness in the case of

Supreme Court Sets Aside Order Due to Lack of Notice in Criminal Proceedings: Neelakanteswaraswamy vs. M. Mahadevamurthy (2008) Read Post »

Supreme Court reduces sentence in assault case due to delay: Venkategowda & Ors. vs. State of Karnataka (2006)

/ A. K. Mathur, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 326, Judges, Lokeshwar Singh Panta, Unlawful Assembly

Date of the Judgment: 06/11/2006 Citation: Appeal (crl.) 851 of 2006 Judges: A. K. Mathur & Lokeshwar Singh Panta In a case involving a violent assault, the Supreme Court of India addressed the question of whether the High Court was justified in convicting the accused based on the evidence presented, and also considered the impact

Supreme Court reduces sentence in assault case due to delay: Venkategowda & Ors. vs. State of Karnataka (2006) Read Post »

Supreme Court settles the importance of civil court findings in departmental proceedings: Jasbir Singh vs. Punjab & Sind Bank (2006)

/ Banking Law, Departmental Proceedings, Embezzlement, Fraud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 409, Judges, Markandey Katju, Reinstatement, S.B. Sinha, Service Law

Introduction Date of the Judgment: 31st October 2006 Citation: Appeal (civil) 8046 of 2004 Judges: S.B. Sinha and Markandey Katju What happens when a bank employee is accused of fraud, acquitted in criminal court, but then faces departmental proceedings? The Supreme Court addressed this critical intersection of civil and service law in the case of

Supreme Court settles the importance of civil court findings in departmental proceedings: Jasbir Singh vs. Punjab & Sind Bank (2006) Read Post »

Supreme Court Upholds Conviction in Culpable Homicide Case: Shriram vs. State of Madhya Pradesh

/ Arijit Pasayat, Doraiswamy Raju, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Offences Affecting the Human Body, Right to Private Defence, Right to Private Defence with Section 100, Right to Private Defence with Section 97, Right to Private Defence with Section 99

When does a fight become a crime? The Supreme Court of India addressed this question in the case of Shriram vs. State of Madhya Pradesh, focusing on the line between self-defense and unlawful aggression. This case involves an incident where a group returning from a religious gathering was attacked, leading to serious injuries and a

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