Indian Penal Code, 1860 with Section 120B

Supreme Court Grants Bail Despite Upholding High Court Order in Unlawful Activities Case: Akhil Gogoi vs. National Investigation Agency (2023) INSC 392 (18 April 2023)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 124A, Indian Penal Code, 1860 with Section 153A, Judges, National Investigation Agency Act, 2008, National Investigation Agency Act, 2008 with Section 20, Pankaj Mithal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 18, Unlawful Activities (Prevention) Act, 1967 with Section 39, V. Ramasubramanian

Supreme Court Grants Bail Despite Upholding High Court Order in Unlawful Activities Case Date of the Judgment: 18 April 2023 Citation: (2023) INSC 392 Judges: V. Ramasubramanian, J. and Pankaj Mithal, J. Can an individual be granted bail even when the High Court has overturned a lower court’s order of discharge? The Supreme Court addressed […]

Supreme Court Grants Bail Despite Upholding High Court Order in Unlawful Activities Case: Akhil Gogoi vs. National Investigation Agency (2023) INSC 392 (18 April 2023) Read Post »

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences related to terrorist acts, Rajesh Bindal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349 LEGAL ISSUE: Whether the accused should be granted bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA) when there is a lack of prima facie evidence. CASE TYPE: Criminal Case Name: Yedala

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349 Read Post »

Supreme Court Grants Anticipatory Bail in Bank Fraud Case: Mahdoom Bava vs. CBI (20 March 2023)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Pankaj Mithal, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13, V. Ramasubramanian

Supreme Court Grants Anticipatory Bail in Bank Fraud Case: Mahdoom Bava vs. CBI (2023) LEGAL ISSUE: Grant of Anticipatory Bail, especially when custodial interrogation was not required during investigation. CASE TYPE: Criminal Case Name: Mahdoom Bava vs. Central Bureau of Investigation Judgment Date: 20 March 2023 Date of the Judgment: 20 March 2023 Citation: (2023)

Supreme Court Grants Anticipatory Bail in Bank Fraud Case: Mahdoom Bava vs. CBI (20 March 2023) Read Post »

Supreme Court Grants Anticipatory Bail in Loan Fraud Case: Mahdoom Bava vs. CBI (20 March 2023)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Pankaj Mithal, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2), V. Ramasubramanian

Supreme Court Grants Anticipatory Bail in Loan Fraud Case: Mahdoom Bava vs. CBI (2023) LEGAL ISSUE: Whether anticipatory bail should be granted to accused persons who were not arrested during investigation but are now facing summons from the Trial Court. CASE TYPE: Criminal Case Name: Mahdoom Bava vs. Central Bureau of Investigation Judgment Date: 20

Supreme Court Grants Anticipatory Bail in Loan Fraud Case: Mahdoom Bava vs. CBI (20 March 2023) Read Post »

Supreme Court Transfers Criminal Trial for Fair Justice: Afjal Ali Sha vs. State of West Bengal (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, Code of Criminal Procedure, 1973 with Section 406, Constitutional Law, Constitutional Law with Article 139A, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, J.K. Maheshwari, Judges, Offences Against Human Body, Surya Kant

Supreme Court Transfers Criminal Trial for Fair Justice: Afjal Ali Sha vs. State of West Bengal (2023) Date of the Judgment: 17 March 2023 Citation: [Not Available in Source] Judges: Surya Kant, J. and J.K. Maheshwari, J. Can a criminal trial be transferred to ensure a fair trial when there are serious concerns about witness

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Supreme Court Upholds Summons Against Cardinal in Church Property Case: Cardinal Mar George Alencherry vs. State of Kerala (2023) INSC 250

/ Bela M. Trivedi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 203, Code of Criminal Procedure, 1973 with Section 482, Cognizance of Offence, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 406, Judges, Offences Relating to Property

Supreme Court Upholds Summons Against Cardinal in Church Property Case LEGAL ISSUE: Whether a second criminal complaint is maintainable on the same facts after a previous complaint was dismissed. CASE TYPE: Criminal Case Name: Cardinal Mar George Alencherry vs. State of Kerala & Anr. [Judgment Date]: 17 March 2023 Date of the Judgment: 17 March

Supreme Court Upholds Summons Against Cardinal in Church Property Case: Cardinal Mar George Alencherry vs. State of Kerala (2023) INSC 250 Read Post »

Supreme Court Quashes FIR in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023)

/ Ajay Rastogi, C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), 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 323, Indian Penal Code, 1860 with Section 420, Judges

Supreme Court Quashes FIR in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023) LEGAL ISSUE: Whether a criminal case can be initiated when the core dispute is civil in nature. CASE TYPE: Criminal. Case Name: Usha Chakraborty & Anr. vs. State of West Bengal & Anr. [Judgment Date]: 30 January 2023 Introduction Date

Supreme Court Quashes FIR in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023) Read Post »

Supreme Court Quashes Criminal Proceedings in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023)

/ Ajay Rastogi, C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), 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 Against Property

Supreme Court Quashes Criminal Proceedings in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023) LEGAL ISSUE: Whether criminal proceedings can be initiated when the core dispute is civil in nature and a civil suit is already pending. CASE TYPE: Criminal Case Name: Usha Chakraborty & Anr. vs. State of West Bengal & Anr.

Supreme Court Quashes Criminal Proceedings in Civil Dispute: Usha Chakraborty vs. State of West Bengal (2023) Read Post »

Supreme Court overturns conviction in murder case due to weak circumstantial evidence: S. Kaleeswaran vs. State (2022) INSC 525

/ Bela M. Trivedi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 396, Judges, Uday Umesh Lalit

Supreme Court overturns conviction in murder case due to weak circumstantial evidence: S. Kaleeswaran vs. State (2022) INSC 525 LEGAL ISSUE: Whether the prosecution proved the guilt of the accused beyond a reasonable doubt based on circumstantial evidence. CASE TYPE: Criminal Case Name: S. Kaleeswaran vs. State [Judgment Date]: 3 November 2022 Date of the

Supreme Court overturns conviction in murder case due to weak circumstantial evidence: S. Kaleeswaran vs. State (2022) INSC 525 Read Post »

Supreme Court clarifies the definition of “proceeds of crime” under the Prevention of Money Laundering Act, 2002 in bribery cases: Directorate of Enforcement vs. Padmanabhan Kishore (31 October 2022)

/ Bela M. Trivedi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13, Prevention of Corruption Act, 1988 with Section 7, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 2(1)(u), Prevention of Money Laundering Act, 2002 with Section 3, Proceeds of Crime, Uday Umesh Lalit

Supreme Court Clarifies Scope of Money Laundering Act in Bribery Cases LEGAL ISSUE: Whether a bribe giver can be prosecuted under the Prevention of Money Laundering Act, 2002 (PMLA) for being involved in the process or activity connected with “proceeds of crime” even before the bribe is received by the public servant. CASE TYPE: Criminal

Supreme Court clarifies the definition of “proceeds of crime” under the Prevention of Money Laundering Act, 2002 in bribery cases: Directorate of Enforcement vs. Padmanabhan Kishore (31 October 2022) Read Post »

Supreme Court Cancels Bail in Murder Case: Bohatti Devi vs. State of Uttar Pradesh (2022)

/ 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 302, Judges, Krishna Murari, M.R. Shah, Offences Against Human Body

Supreme Court Cancels Bail in Murder Case: Bohatti Devi vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether the High Court correctly granted bail in a case involving serious offences like murder. CASE TYPE: Criminal. Case Name: Bohatti Devi vs. The State of Uttar Pradesh & Anr. Judgment Date: 30 September 2022 Introduction Date of

Supreme Court Cancels Bail in Murder Case: Bohatti Devi vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court quashes charges against Selection Committee members in compassionate appointment case: Munna Prasad Verma vs. State of U.P. (2022) INSC 744 (2 September 2022)

/ Ajay Rastogi, B.V. Nagarathna, 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 419, Indian Penal Code, 1860 with Section 420, Judges

Supreme Court quashes charges against Selection Committee members in compassionate appointment case Date of the Judgment: 2 September 2022 Citation: (2022) INSC 744 Judges: Ajay Rastogi, J. and B.V. Nagarathna, J. Can members of a selection committee be held criminally liable for relying on documents submitted by an applicant, without any direct involvement in the

Supreme Court quashes charges against Selection Committee members in compassionate appointment case: Munna Prasad Verma vs. State of U.P. (2022) INSC 744 (2 September 2022) Read Post »

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