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Landmark Judgments and Articles on Law

Mere insult of a person is not an offence unless it’s on account of him/her belonging to SC-ST

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 707 OF 2020 (ARISING OUT OF SLP (CRIMINAL) NO. 3585 OF 2020) HITESH VERMA …..APPELLANT(S) VERSUS THE STATE OF UTTARAKHAND & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The challenge in the present…

Precaution to be taken by court while summoning additional accused U/S 319 of CrPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1349 of 2018 (arising out of SLP (Crl.) No.6392 /2018) LABHUJI AMRATJI THAKOR Vs THE STATE OF GUJARAT ASHOK BHUSHAN,J. Dated:November 13, 2018. This appeal has been filed by the appellants challenging the judgment…

SC : Notion That Women Are ‘Weaker Sex’ Constitutionally Flawed

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos 9367-9369 of 2011 The Secretary, Ministry of Defence …Appellant Versus Babita Puniya & Ors. …Respondents With Civil Appeal Nos 1127-1128 of 2013 And With Civil Appeal No. 1210 of 2020 J U D…

SC : Parental Responsibility Does Not End With Breakdown Of Marriage

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).1670 OF 2020 (ARISING OUT OF SLP(CIVIL) NO(S).6201 OF 2016) SOUMITRA KUMAR NAHAR ………APPELLANT(S) VERSUS PARUL NAHAR …….RESPONDENT(S) WITH CIVIL APPEAL NO(S).1671 OF 2020 (ARISING OUT OF SLP(CIVIL) NO(S). 16032 OF 2016) J U…

When court should pass order of Abatement of appeal against some of parties or all of Parties?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 8109 and 8110 of 2010 Decided On: 26.04.2019 Goli Vijayalakshmi Vs. Yendru Sathiraju Hon’ble Judges/Coram:A.M. Khanwilkar and Ajay Rastogi, JJ. Citation: (2019)11 SCC 352 1. The aforesaid civil appeals arise from the impugned judgment dated 22nd…

SC : State can not take plea of adverse Possession against its Own Citizen

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 60­61 OF 2020 (Arising out of SLP (Civil) Nos. 467­468/2020 @D..No.36919/2018) Vidya Devi …Appellant Versus The State of Himachal Pradesh & Ors. …Respondents JUDGMENT INDU MALHOTRA, J. Delay condoned. Leave granted. 1.The Appellant…

Whether Confession of accused recorded under TADA is admissible in trial for offences under other Enactments?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1359­ 1361 OF 2007 The State of Gujarat …..Appellant(s) :Versus: Anwar Osman Sumbhaniya and Ors. ….Respondent(s) JUDGMENT A.M. Khanwilkar, J. 1. The instant appeals filed under Section 19 of the Terrorist and Disruptive…

SC : Outer limit for filing of counter-claim is pegged till issues are framed

IN THE SUPREME COURT OF INDIA SLP (C) No. 23599 of 2018 Decided On: 19.11.2019 Ashok Kumar Kalra Vs. Surendra Agnihotri and Ors. Hon’ble Judges/Coram:Mohan M. Shantanagoudar, N.V. Ramana and Ajay Rastogi, JJ. Authored By : N.V. Ramana, Mohan M. Shantanagoudar N.V. Ramana, J. 1….

Whether offence of attempt to Rape is made out even if accused has not undressed himself?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2127 OF 2009 CHAITU LAL …APPELLANT(S) VERSUS STATE OF UTTARAKHAND …RESPONDENT(S) JUDGMENT N.V. RAMANA, J. 1. The present criminal appeal arises out of the impugned order dated 27.03.2009 passed by the High Court…

It can be presumed that accused is unable to commit unnatural offence if potency report is not produced?

IN THE HIGH Court OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T D.B. Criminal Appeal No. 72/2011 Accused-Appellants:- 1. Mohammad Arsad @ Layak S/o Mohammad Yakub, aged about 27 years, by caste Musalman, R/o Jhhavvari, Thana Jalalgarh,…

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