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Landmark Judgments and Articles on Law

The unwarranted arrest on the public holiday with sole intention is to prevent the detenu from getting legal assistance is violation of fundamental rights

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 21.03.2022 CORAM:THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.6648 of 2022 Dr.Subbiah Shanmugam, M/54,S/o Shanmugam .. Petitioner /versus/ State its The Inspector of Police, S-8, Adambakkam Police Station,Chennai District.(Cr.No.1123/2020) .. Respondent Prayer: Criminal Original Petition has…

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….

Can Magistrate summon an accused in a criminal case unless there is a prima facie case against him?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1047-1048/2021 Ravindranatha Bajpe …Appellant Versus Mangalore Special Economic Zone Ltd. & Others Etc. …Respondents JUDGMENT M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2015 passed by the…

Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Vikas Kunvar Srivastav, J. BAIL No. – 5451 of 2018 Ajay Kumar vs. State Of U.P Counsel for Applicant :- Sudhakar Mishra,Atul Verma,Hari Krishna Verma,Shitla Prasad Tripathi; Counsel for Opposite Party :- G.A. 1. The case…

Passport authority has no power to stop to travel abroad of accused in criminal case

Bombay High Court (30 Nov, 2016) Mr. Samip Nitin Ranjani Petitioner vs. Union Of India And Ors. S Writ Petition No. 12784 of 2016 ATTORNEY(S) Ms. Krupali Hiren Rajani for the Petitioner Mr. DP. Singh a/w. G.R Sharma for Respondent Nos. 1 and 2 Mr….

Whether court can frame charge against discharged accused as per Section 216 of CrPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 452-53 of 1990 Decided On: 21.08.1990 Sohan Lal Vs. State of Rajasthan Hon’ble Judges/Coram: K.N. Saikia and K. Ramaswamy, JJ. Citation: MANU/SC/0379/1990,AIR 1990 SC 2158,(1990) 4 SCC 2158 1. Special leave granted. 2. These two criminal…

Whether accused has right to make successive bail application?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1448 of 2017 Decided On: 21.08.2017 Prasad Shrikant Purohit Vs. State of Maharashtra Hon’ble Judges/Coram: R.K. Agrawal and Abhay Manohar Sapre, JJ. Citation: (2018) 11 SCC458 1. Leave granted. 2. This appeal is directed against the…

Whether Advocate can claim fees on Percentage On Permanent Alimony Given To His Client?

IN THE HIGH COURT OF ORISSA: CUTTACK ABLAPL No. 5399 of 2017 An application under section 438 of the Code of Criminal Procedure in connection with C.T. case No. 2702 of 2016 pending in the Court of S.D.J.M., Bhubaneswar. Sanjaya Narayan Sahoo Vs State of Odisha P…

Documents can be filed by accused at the time of framing of charge?

ALLAHABAD HIGH COURT CRIMINAL REVISION No. – 4117 of 2016 Satendra Kumar Mishra. Vs State Of U.P. Another Hon’ble Amar Singh Chauhan,J. Heard Shri Ravindra Prakash Srivastav, learned counsel for the revisionists, learned Additional Government Advocate for the State, Shri Anoop Kumar Pandey, learned counsel…

Can Criminal case to be quashed if complainant has failed to file suit?

IN THE SUPREME COURT OF INDIA Crl. A. No. 745 of 2016 Decided On: 03.08.2016 Prem Kumar Vs. State of Rajasthan and Ors. Coram:V. Gopala Gowda and A.K. Goel, JJ. Citation: 2017 CRLJ744 1. Leave granted. This appeal has been preferred against the judgment and…

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