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Landmark Judgments and Articles on Law

Quashing Section 447 of the Companies Act with CrPC 482

THE HON’BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.8025 OF 2021 AND CRIMINAL PETITION No.8024 OF 2021 COMMON ORDER: Both these petitions are filed by the petitioners under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 31…

Lawyer who plays fraud can’t be on advocates’ roll

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11113 OF 2016 M/S. ADVANTA INDIA LTD. …..APPELLANT(S) VERSUS B.N. SHIVANNA …..RESPONDENT(S) JUDGMENT A.K. SIKRI, J. An important question of law that needs to be determined in this appeal pertains to the power…

Section 438 CrPC – While dismissing Anticipatory Bail, is it legally permissible to direct the accused to Surrender ?

IN THE HIGH COURT OF KERALA AT ERNAKULAM R.NARAYANA PISHARADI, J. B.A.No.3864 of 2021; 6 July, 2021 (Crime No.224/2021 of Museum Station, Thiruvananthapuram District) RAHUL R.U. Vs. STATE OF KERALA Petitioner / Accused: By Adv. Vivek Venugopal; Respondent: A Rajesh – SPL PP VACB O…

Whether Will trial be vitiated if the complainant/informant is investigating officer?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 30th July, 2021 BAIL APPLN. 112/2021 and CRL.M.(BAIL) 81/2021; BIMAL KUMAR JAIN and NARESH JAIN Vs DIRECTORATE OF ENFORCEMENT CORAM: HON’BLE MR. JUSTICE YOGESH KHANNA 1. These petitions are for grant of bail…

Whether provision declared unconstitutional by court gets wiped out of statute book?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : 30th July, 2021 BAIL APPLN. 112/2021 and CRL.M.(BAIL) 81/2021; BIMAL KUMAR JAIN and NARESH JAIN Vs DIRECTORATE OF ENFORCEMENT CORAM: HON’BLE MR. JUSTICE YOGESH KHANNA 1. These petitions are for grant of bail…

Validity of Section 200 and 202 of Cr.P.C

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2021 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION No.7414 OF 2021 (GM-RES) BETWEEN Amitabh Sinha Son of Late M.C.Sinha Aged about 44 years, Permanent resident of No.179…

Should the investigating officer make the application on affidavit to court to issue a proclamation order against the accused?

  ALLAHABAD HIGH COURT Case :- U/S 482/378/407 No. – 2261 of 2021 Kunwar Mahendra Pratap Singh @ Chandan Singh Vs State Of U.P. Ors. Coram: Hon’ble Mrs. Saroj Yadav,J. Dated: 18.8.2021 1. This petition under Section 482 of The Code of Criminal Procedure, 1973 (in short “Cr.P.C.)…

SC: An Accused who was released on Default Bail cannot be re-arrested on filing of Charge Sheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 15 OF 2021 (Arising out of SLP (Crl.) No. 5715 of 2020) KAMLESH CHAUDHARY Appellant (s) VERSUS THE STATE OF RAJASTHAN Respondent(s) O R D E R Leave granted. The appellant is accused…

Whether appellate court must suspend the sentence of the convict as a matter of course?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 751-752 of 2019 Decided On: 26.04.2019 N. Ramamurthy Vs.   State Hon’ble Judges/Coram: Abhay Manohar Sapre and Dinesh Maheshwari, JJ. Citation: MANU/SC/0615/2019 1. Leave granted. 2. In these appeals, the Appellant-accused has called in question the orders dated 03.01.2019…

Cooperating with the investigating agency entitles accused for bail

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 893 of 2019 GUPTA ANANDKUMAR SATYANARAYAN Versus STATE OF GUJARAT Appearance: MR VIRAT G POPAT(3710) for the PETITIONER(s) No. 1 MR KP RAVAL, APP for the RESPONDENT(s) No. 1 CORAM: HONOURABLE MR.JUSTICE VIPUL M….

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