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Landmark Judgments and Articles on Law

Whether the court can grant default bail to the accused if it has not taken cognizance of the offence despite the police filing a chargesheet?

In the Supreme Court of India (Before L. Nageswara Rao and B.R. Gavai, JJ.) Serious Fraud Investigation Office Vs Rahul Modi and Others Criminal Appeal Nos. 185-186 of 2022 Decided on February 7, 2022 The Judgment of the Court was delivered by L. Nageswara Rao, J.:— Leave…

Daughter who is a Major cannot get Maintenance under CrPC 125

HIGH COURT OF CHHATTISGARH, BILASPUR Order Reserved on 08.12.2021 Order Delivered on 17.12.2021 CRR No. 501 of 2021 Sukul Ram Sahu, S/o Late Suddhu Ram Sahu, aged about 58 Years, Sanyantra Sahayak, Grade-2, Dr. Shyama Prasad Mukherjee Tap Vidyut Sanyantra, R/o Q.No. N.D.8, Near Junior…

No anticipatory bail required in dowry harassment 498a

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Can the court convict the accused for an offence U/S 304-B of IPC if charge U/S 498A of IPC is not framed against the accused?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1731 OF 2010 GURMEET SINGH Vs  STATE OF PUNJAB Author: N. V. RAMANA, CJI. DATED : 28.05.2021 1. The present appeal arises out of the impugned judgment dated 15.03.2010 passed by the High Court…

Every death of a Women is not abetment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 1735­-1736 OF 2010 SATBIR SINGH & ANOTHER …APPELLANTS Versus STATE OF HARYANA …RESPONDENT JUDGMENT N. V. RAMANA, CJI. 1. The present appeals arise out of the impugned judgment dated 06.11.2008 passed by the…

Section 125, CrPC a summary remedy, strict proof of essential marriage rites not required

HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved on 17.11.2020 Delivered on 08.01.2021 Court No. – 80 Case :- CRIMINAL REVISION No. – 1555 of 2020 Revisionist :- Irshad Ali Vs. Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Shri Krishna Mishra…

Section 340 CrPC mandate Preliminary Inquiry before a Complaint u/s 195 CrPC Is Made?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.335 OF 2020 THE STATE OF PUNJAB …APPELLANT VERSUS JASBIR SINGH …RESPONDENT JUDGMENT MOHAN M. SHANTANAGOUDAR, J. 1. The judgment dated 22.01.2019 passed by the High Court of Punjab and Haryana at Chandigarh in…

When can Section 482, CrPC be invoked to direct the registration of FIRs

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2018 Crl.O.P.(MD) No.13681 of 2018, 13688 G.Prabakaran vs. 1.The Superintendent of Police CORAM : THE HONOURABLE MR.JUSTICE M.M.SUNDRESH M.M.SUNDRESH, J. On finding two contradictory views of two learned Judges, qua a petition filed seeking a direction…

Delhi MM Court : Middle East NRI’s discharge from 498A After his family’s discharge – Good Fight

Summary This is a classic case of 498A & combo IPC discharge against Middle East based NRI & his family members Learned trial court while framing charges considered the plea of his mother & sister (or MIL or SIL) and discharged them from 498A/406 but…

Jurisdiction, S.498a, S.307 set aside

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29293 of 2015 Arising Out of PS.Case No. -101 Year- 2014 Thana -KATRA District- MUZAFFARPUR 1. Rajesh Thakur S/o Navin Chandra Thakur 2. Navin Chandra Thakur S/o Jaidev Thakur Both Resident of Village Chakanti, Police…

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