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Landmark Judgments and Articles on Law

Constitutional bench Supreme Court Judgement delineating Four main facets of access to justice

IN THE SUPREME COURT OF INDIA Transfer Petition (C) No. 1343 of 2008, Decided On: 19.07.2016 Anita Kushwaha and Ors. Vs. Pushap Sudan and Ors. Hon’ble Judges/Coram: T.S. Thakur, C.J.I., F.M. Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde and R. Banumathi, JJ. Citation:  MANU/SC/0797/2016,AIR2016SC3506,(2016)8SCC509. 1. A three-judge…

Leading Supreme Court Judgment on distinction between Article 226 and 227 of Constitution of India

IN THE SUPREME COURT OF INDIA Civil Appeal No. 2548 of 2009 and SLP (C) No. 25828 of 2013 Decided On: 26.02.2015 Radhey Shyam and Ors. Vs. Chhabi Nath and Ors. Hon’ble Judges/Coram: H.L. Dattu, C.J.I., A.K. Sikri and Adarsh Kumar Goel, JJ. Citation:  Citation: 2015/INSC/160, MANU/SC/0200/2015,…

Whether the appellate or revisional court should reverse any finding on account of any irregularity in sanction for prosecution if accused has not raised objection in that respect in the trial court?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1137 of 2017 Decided On: 13.07.2017 Girish Kumar Suneja Vs. C.B.I. Hon’ble Judges/Coram: Madan B. Lokur, Kurian Joseph and A.K. Sikri, JJ.   Citation: AIR 2017 SC 3620,MANU/SC/0829/2017. 1. On 25th August, 2014, this Court delivered judgment in…

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…

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…


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