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Landmark Judgments and Articles on Law

Compound 498A if parties settle the dispute

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 487/2018 (Arising out of S.L.P.(Criminal) No.8442/2017) BITAN SENGUPTA & ANR. APPELLANT(s) VERSUS THE STATE OF WEST BENGAL & ANR. RESPONDENT(s) O R D E R Leave granted. 2. Heard learned counsel for the…

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 : Basic concept of Joint will and Mutual will

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 5924, 5925, 5926 and 6469 of 2005 Decided On: 09.03.2017 K.S. Palanisami (Dead) through L.Rs. Vs. Hindu Community in General and Citizens of Gobichettipalayam and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation: AIR…

Whether statement of victim recorded U/S 161 of CRPC can be treated as Dying declaration if victim dies subsequently?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1192 of 2018 Decided On: 10.10.2018 Pradeep Bisoi Vs. The State of Odisha Hon’ble Judges/Coram:A.K. Sikri and Ashok Bhushan, JJ. Citation: (2019) 11 SCC 500 1. This appeal has been filed by the Accused against the…

Whether court should convict accused on basis of recovery evidence if link between fact discovered with crime is not proved?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 428-430 OF 2019 (Arising out of S.L.P. (Crl.) Nos.5530-5532 of 2015) DIGAMBER VAISHNAV Vs STATE OF CHHATTISGARH S.ABDUL NAZEER, J. Dated:March 5, 2019. 1. Leave granted. 2. These appeals have been preferred by…

Maintenance u/s 125 CrPC to be dicided on documentary and oral evidence

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) NO. 3935 OF 2016 SHALU OJHA …..PETITIONER(S) VERSUS PRASHANT OJHA …..RESPONDENT(S) JUDGMENT A.K. SIKRI, J. On an earlier occasion, after hearing the petitioner who appeared in person, and the learned counsel for…

Whether Section 340 of the Cr.P.C can be filed as a Private complaint?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 211 OF 2019 SH. NARENDRA KUMAR SRIVASTAVA … APPELLANT VERSUS THE STATE OF BIHAR & ORS. … RESPONDENTS J U D G M E N T S.ABDUL NAZEER, J. 1. We have heard…

Whether non production of certificate U/S 65B of Evidence Act alongwith CDR is curable defect?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 579 and 574 of 2016 Decided On: 18.04.2018 Union of India (UOI) Vs. Ravindra V. Desai Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation: AIR 2018 SC 2754. 1. These two are cross appeals filed…

Consensual sex of live-in partners not rape if man fails to marry

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURSIDICTON CRIMINAL APPEAL NO. 1443 OF 2018 (Arising out of S.L.P. (Criminal) No.6532 of 2018) DR. DHRUVARAM MURLIDHAR SONAR …APPELLANT VERSUS THE STATE OF MAHARASHTRA & ORS. …RESPONDENTS J U D G M E N T S.ABDUL…

Whether a plea can be taken in argument in appeal in absence of pleading?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 1491 of 2018 (Arising out of Diary No. 35797 of 2017) Decided On: 01.02.2018 Ashwini Kumar Handa Vs. Union of India (UOI) and Ors. Hon’ble Judges/Coram:A.K. Sikri and Ashok Bhushan, JJ. Citation: 2018(6) MHLJ 25 1….


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