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Landmark Judgments and Articles on Law

Departmental action against Magistrate who failed to comply with HC order

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7558-2021 (O&M) Date of Decision : 21.03.2022 Puran Chand Sharma….Petitioner Vs. State of Haryana…Respondent CORAM:- HON’BLE MR. JUSTICE MANOJ BAJAJ Present: Mr. S.S.Dinarpur, Advocate for the petitioner. Mr. Bhupender Singh, DAG, Haryana. MANOJ BAJAJ, J….

Intention Or Knowledge Essential To Attract attempt to murder u/s 307 IPC

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 4612 of 2022 In R/CRIMINAL APPEAL NO. 495 of 2022 With R/CRIMINAL APPEAL NO. 495 of 2022 STATE OF GUJARAT Versus RATNIYABHAI NEVSINGBHAI RATHVA Appearance:Ms. Chetna M. Shah, APP for the Applicant –…

Bail condition to compensate victims cannot be Imposed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.432 OF 2021 [Arising from SLP (Crl) No.673/2021] DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA & ANR. … Appellants Versus THE STATE OF GUJARAT …Respondent J U D G M E…

When court should not entertain successive Anticipatory bail application on the ground of Change of Circumstances?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2021 (Arising out of SLP(Crl.)No. 213 of 2021) G.R. ANANDA BABU Appellant(s) VERSUS THE STATE OF TAMIL NADU & ANR. Respondent(s) O R D E R Leave granted. Heard learned counsel for…

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,…

Whether court can convict accused with the aid of Section 149 of IPC even if it has not framed specific charge U/S 149 of IPC against accused?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 408 of 2007 Decided On: 21.04.2009 Anna Reddy Sambasiva Reddy Vs. State of Andhra Pradesh Hon’ble Judges/Coram: D.K. Jain and R.M. Lodha, JJ. Citation: MANU/SC/0640/2009,(2009) 12 SCC 546, AIR 2009 SC 2661. R.M. Lodha, J. 1….

SC : Accused has the right to challenge a finding of guilt against him in an appeal against conviction even if he has not filed an appeal

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1894/2010 State of Rajasthan …Appellant(s) Versus Mehram & Ors. …Respondent(s) JUDGMENT A.M. Khanwilkar, J. 1. This appeal takes exception to the judgment and order dated 5.11.2007 passed by the High Court of Judicature…

Whether Magistrate can consider charge-sheet filed on 91st day for denying default bail to accused if 90th day was a holiday?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Criminal Appeal No. 253 of 1999 Decided On: 06.03.1999 Naresh @ Nana Baliram Sonwane Vs. State of Maharashtra Hon’ble Judges/Coram:R.G. Deshpande, J. Citations: 2000 (5) BomCR 382, 2000 BomCR Cri, 1999 (3) MhLj 631 1. Rule is…

Prolonged pre-trial detention is an anathema to the concept of liberty; bail granted

THE HIGH COURT OF MADHYA PRADESH Mcrc. 8042/19 Dileep Pardi Vs. State of M.P. ) Gwalior Dt. 6/3/2019 Shri Alok Kumar Sharma, Advocate for the petitioner. Shri Manoj Dwivedi, Public Prosecutor for the State. Learned counsel for the rival parties are heard. Case-diary is perused….

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