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Landmark Judgments and Articles on Law

Whether court can convict accused of an offence, U/S 302 read with S 149 of IPC if he was acquitted U/S 302 read with 148 of IPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 120 OF 2008 Md. Ankoos & Ors. …Appellants Versus The Public Prosecutor, High Court of A.P. …Respondent JUDGEMENT R.M. Lodha, J. Five persons were done to death in the intervening night of October…

Appreciation of evidence if there is discrepancy in Medical Evidence and Ocular Evidence

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1243 of 2007 Decided On: 14.09.2010 Abdul Sayeed Vs. State of Madhya Pradesh Hon’ble Judges/Coram: P. Sathasivam and B.S. Chauhan, JJ. Citation: MANU/SC/0702/2010,(2010) 10 SCC 259 1. All the aforesaid appeals have been filed against the…

Whether accused can claim that they were discharged from offence if they were discharged from custody on application of investigating officer?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 813 of 2019 Decided On: 01.05.2019 Rajesh and Ors. Vs. State of Haryana Hon’ble Judges/Coram: L. Nageswara Rao and M.R. Shah, JJ. Citation: MANU/SC/0649/2019 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment…

Whether the Public prosecutor can refrain from examining any witness if the witness refuses to give testimony for fear of his life?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 99 of 1974 Decided On: 29.01.1975 Shanker Vs. State of U.P. Hon’ble Judges/Coram:R.S. Sarkaria and V.R. Krishna Iyer, JJ. Citation: (1975) 3 SCC 851, AIR 1975 SC 757, MANU/SC/0207/1975 1. The appellant, Shanker s/o Prem Raj,…

SC: Presumption U/S 90 of Evidence Act is not applicable for proof of will

IN THE SUPREME COURT OF INDIA Civil Appeal No. 1071 of 2006 Decided On: 03.05.2013 M.B. Ramesh (D) by L.Rs. Vs. K.M. Veeraje Urs (D) by L.Rs. and Ors. Hon’ble Judges/Coram: H.L. Gokhale and Ranjana Prakash Desai, JJ. Citation: (2013) 7 SCC 490, MANU/SC/0462/2013 1….

Whether confession of accused recorded by officer of Railway Protection force is admissible in evidence?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 208-209 of 1974 and Special Leave Petition (Criminal) No. 630 of 1977 Decided On: 31.07.1980 Balkishan A. Devidayal Vs. State of Maharashtra and Ors. Hon’ble Judges/Coram: O. Chinnappa Reddy and R.S. Sarkaria, JJ. Citation: MANU/SC/0112/1980,AIR 1981…

MODIFIED – In Maintenance Proceedings no need to disclose assets and Income with Petition or written statement

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6th August, 2020 FAO 369/1996 KUSUM SHARMA ….. Appellant Through: None. versus MAHINDER KUMAR SHARMA ….. Respondent Through: Mr. Sunil Mittal, Senior Advocate as Amicus Curiae with Ms. Seema Seth and Mr. Dhruv…

Supreme Court Judgment on the Basic concept of failure of justice

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 223 and 458 of 2008 Decided On: 17.02.2012 Rattiram Vs. State of M.P. through Inspector of Police Hon’ble Judges/Coram: Dalveer Bhandari, T.S. Thakur and Dipak Misra, JJ. Dipak Misra, J. Citation:(2012) 4 SCC 516,MANU/SC/0125/2012 1. Perceiving…

Whether court can convict accused of an offence U/S 304B of IPC if he was charged only under S 302 of IPC?

IN THE SUPREME COURT OF INDIA Appeal (crl.) 907 of 1998 Decided On: 24.01.2001 Shamnsaheb M. Multtani Vs State of Karnataka Hon’ble Judges/Coram: K.T. Thomas, R.P. Sethi and B.N. Agrawal, JJ. Citation: Citation : AIR 2001 SC 921,(2001) 2 SCC 577, MANU/SC/0047/2001 K.T. Thomas, J….

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