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Landmark Judgments and Articles on Law

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…

Parole denied : Advocates should not suppress material facts

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 253/2021 1] Asgar Kadar Sheikh, Convict No. 6473 2] Mohd Yakub Abdul Majid Nagul, Convict No. C/8774, Both Presently at Central Prison,Nagpur…. PETITIONER(S) // VERSUS // Jail Superintendent, Nagpur Central…

Irrational, indiscriminate arrests amount to gross violation of human rights

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. – 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 2300 of 2021 Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Jamaluddin Mohd. Nasir Counsel for Opposite Party…

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 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…

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 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….

Whether the court should give Divorce on the ground of Adultery if the husband alleges that the wife had sex before Marriage?

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12.06.2020 MAT.APP.(F.C.) 327/2019 & C.M. No.53990/2019 VISHAL SINGH Vs PRIYA @ PIHU CORAM: HON’BLE MS. JUSTICE HIMA KOHLI HON’BLE MS. JUSTICE ASHA MENON 1. The present appeal has been filed by Shri Vishal…

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…

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