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Landmark Judgments and Articles on Law

When Can Appellate Court Allow Plea For Adducing Further Evidence

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.148 of 2019 (arising out of SLP (Crl.) No.1120/2017) BRIG. SUKHJEET SINGH (RETD.) MVC …APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S) J U D G M E N T ASHOK BHUSHAN,J….

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…

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….

Passing of orders by lower court ignoring judicial pronouncement of supreme court amounts to judicial impropriety

Supreme Court of India Kamini Jaiswal Vs. Union of India & ANR. [Writ Petition (Criminal) No.176 of 2017] 1. The facts are disturbing in the instant case. By moving two successive petitions, one on Wednesday (8.11.2017) and the other on Thursday (9.11.2017), identically worded similar…

Whether party can challenge jurisdiction of court at appellate stage or revisional stage?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.9051­9052 OF 2018 (arising out of SLP (C) Nos. 4275­4276 of 2017) OM PRAKASH AGARWAL SINCE DECEASED THR. LRS. & ORS. … APPELLANT(S) VERSUS VISHAN DAYAL RAJPOOT & ANR. …RESPONDENT(S) J U D G M…

Whether court is bound to release accused on bond as per S.88 of CRPC on his appearance before court?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 321 of 2018 (Arising Out of SLP (Crl.) Diary No. 1445 of 2018) Decided On: 23.02.2018 Pankaj Jain Vs. Union of India (UOI) and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation:(2018) 5 SCC…

Whether appeal is maintainable if miscellaneous application is dismissed in default?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 9409 of 2017 (Arising out of SLP (C) No. 28713 of 2013) Decided On: 21.07.2017 Jaswant Singh and Ors. Vs. Prakash Kaur and Ors. Hon’ble Judges/Coram: A.K. Sikri and Ashok Bhushan, JJ. Citation: AIR 2017 SC…

Whether appellate court permitting production of additional evidence is bound to give opportunity to other side to lead evidence in rebuttal?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 2108 of 2018 (Arising out of SLP (C) No. 19738/2017) Decided On: 21.02.2018 Akhilesh Singh Vs. Lal Babu Singh and Ors. Hon’ble Judges/Coram:A.K. Sikri and Ashok Bhushan, JJ. Citation: (2018) 4 SCC 659 1. This appeal…

Sabarimala Temple Ayappa Temple Ban on women entry: Where a man can enter, even a women can go: SC

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 373 OF 2006 Indian Young Lawyers Association & Ors. …Petitioner(s) Versus State of Kerala & Ors. …Respondent(s) JUDGMENT Dipak Misra, CJI. In this public interest litigation preferred under Article 32 of the…

Prior sanction of Magistrate not required for taking fingerprints of accused or a suspect

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 958 OF 2017 SONVIR @ SOMVIR … APPELLANT VERSUS THE STATE OF NCT OF DELHI … RESPONDENT J U D G M E N T ASHOK BHUSHAN, J. I have gone through the…

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