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Avinash Jain vs Central Bureau of Investigation while permitting the CBI to pick up one aspect of the investigation and file a piece-meal charge sheet to defeat the right of an accused to default...Hits: 6838
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Section 499 IPC: Truth Set Up As Defence Must Extend To Entire Libel And Not Merely Part Of It
Harish Kumar Garg v/s. Maharashtra that the imputations in the present case are sufficient to attract provisions of Section 499 of IPCHits: 9052 -
Court Not A Post Office Or Mouthpiece Of State/District Magistrate Allahabad HC
Waseem Khan vs U.P. that the court is not empowered to act as a post office or mouthpiece of the State or the District Magistrate.Hits: 8681 -
Raj Kumar @ Suman v. Delhi that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of...Hits: 7440
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Heinous And Serious Offences Cannot Be Quashed On Compromise Between Parties: Gujarat HC
Dashrathbhai Bholidas Patel vs Gujarat that heinous and serious offences cannot be quashed on compromise between parties. The Court held that, These powers can be invoked to ensure the ends of...Hits: 8705 -
Preventive Detention Not An Arrest, No 24-Hour Magistrate Appearance Required: J&K&L HC
Muntazir Ahmad Bhat v/s JK that being detained under the Public Safety Act cannot be considered an arrest for committing an offence under the penal law.Hits: 6128 -
S 156(3) & 202 CrPC: SC Explains Differences Between Powers Of Magistrate At Pre-Cognizance &...
Kailash Vijayvargiya vs Rajlakshmi Chaudhuri that the power under the 156(3) of CrPC is to be exercised on receiving a complaint or a Police report or information from any person other than the...Hits: 15153 -
Trial Judge Shouldn’t Be A Mute Spectator, Has Duty To Ask Crucial Questions: SC
Dinesh Kumar vs Haryana that was pronounced in the exercise of its criminal appellate jurisdiction has set aside the conviction of a murder accused on the ground that the evidence of last seen on...Hits: 7827 -
Sangeeta Rani vs Bihar that: Putting a Judicial Officer to a departmental proceeding for a wrong order does not serve as a panacea for any ill which is being faced by the judiciary or for that...Hits: 7642
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Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal: SC
Omprakash Sahni v. Jai Shankar Chaudhary that was pronounced as recently as on May 2, 2023 has been forthright in holding that in order to suspend the substantive order of sentence under Section...Hits: 7299 -
Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : SC
Bohatie Devi v/s Uttar Pradesh that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency other...Hits: 6482 -
Judgebir Singh @ Jasbir Singh Samra @ Jasbir that the Punjab Police (investigation later taken over by the NIA) had filed an application seeking to extend the time for investigation as per Section...Hits: 8135
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Krishna Pati Tripathi vs Madhya Pradeshthat under Section 190 of the Criminal Procedure Code (CrPC), a Magistrate cannot suo motu pass directions for further investigation in a matter.Hits: 6830
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Seeking Pre-Deposit Of Bank Guarantee For Grant Of Bail Is Unsustainable: SC
Makhijani Pushpak Harish v Gujarat set aside an order whereby a pre-condition of furnishing bank guarantee was imposed on the accused by the Trial Court and the High Court while granting bail.Hits: 6968 -
Shiv Kumar Sharma vs UP that the conduct of accepting the brief by a subsequent counsel, at the stage of conclusion of arguments by previous counsel and that too before the very date of the...Hits: 6019
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Fedrick Cutinha v. Karnataka that the accused persons were not given an opportunity to be heard on the quantum of sentence as prescribed under Section 235(2) of CrPC.Hits: 5340
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Suresh Kumar Satija v. Balwinder Singh Touri that: Considering the fact that the petitioner was handcuffed by the respondent, the respondent is directed to pay a cost of Rs. 1,00,000/-, which will...Hits: 4949
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White-Collar Crimes in India and its relationship with other crimes
This Article is submitted by Yashika Malhotra & Soni of Manav Rachna University, FaridabadHits: 7596 -
Maharashtra vs Renuka @ Rinku @ Ratan Kiran Shinde that mercy petitions in death penalty cases are decided and disposed at the earliest so that convicts won’t take advantage of delayHits: 5984
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Central Bureau of Investigation vs Aryan Singh that a High Court cannot conduct a mini trial at the stage of discharge or quashing of the criminal proceedings while exercising limited powers under...Hits: 7094
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Directions Issued To The State By Allahabad HC To Improve Vastly The Investigation Of Criminal Case
Vinod v. U.P. issued a direction to the State to make the investigation of criminal case more effective, reliable and flawless. It is a no-brainer that this is the urgent crying need of the hour alsoHits: 5145 -
Suni @ Sunil v/s Kerala that the police is not competent to register an offence under Section 195A (threatening any person to give false evidence) of the Indian Penal Code and that only a court is...Hits: 7279
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Ananda Ch Sahu v/s Odisha that an Executive Magistrate is not empowered to record confession for offences committed under the Essential Commodities Act, 1955. It also held clearly that in absence...Hits: 8376
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Satyendar Kumar Jain vs Directorate Of Enforcement that he is an influential person having the potential to tamper with evidence.Hits: 4927
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Nikunj Sharma Vs J&K that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the...Hits: 8279
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Gujarat University vs M Sridhar Acharyulu, Madabhushi Sridhar that Prime Minister’s Office is not required to furnish the graduate and post-graduate degrees of PM Modi while quashing the CIC orderHits: 5610
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When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted : SC
Pradeep Kumar vs Chhattisgarh that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred.Hits: 9333 -
Sabu @ Eetty Sabu v Kerala that the absence of a test identification parade, does not necessarily invalidate identification of an accused in courtHits: 5066
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False FIRs Becoming A Trend: Punjab and Haryana HC
Varun Bagga vs Punjab how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one’s ego, which ultimately results in the wastage of the taxpayer...Hits: 6383 -
Pawan Kumar Chaurasia vs Bihar that: Generally, it is a weak piece of evidence. However, a conviction can be sustained on the basis of extra-judicial confession provided that the confession is...Hits: 7274
