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Landmark Judgments and Articles on Law

SC: Closure Report cannot be Filed merely because Informant did not supply adequate evidence to Investigate

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) NO.6951 OF 2018 AMAR NATH CHAUBEY …PETITIONER (S) VERSUS UNION OF INDIA AND OTHERS …RESPONDENT(S) ORDER One Shri Ram Bihari Chaubey, the father of the petitioner, was shot dead at his residence…

Whether court can frame charge against discharged accused as per Section 216 of CrPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 452-53 of 1990 Decided On: 21.08.1990 Sohan Lal Vs. State of Rajasthan Hon’ble Judges/Coram: K.N. Saikia and K. Ramaswamy, JJ. Citation: MANU/SC/0379/1990,AIR 1990 SC 2158,(1990) 4 SCC 2158 1. Special leave granted. 2. These two criminal…

Whether court can convict accused U/S 302 of IPC if he was charged U/S 302 of IPC read with S 34 of IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 386 of 1978 Decided On: 29.08.1990 Kishore Chand Vs. State of Himachal Pradesh Hon’ble Judges/Coram: P.B. Sawant and K. Ramaswamy, JJ. Citation: (1991) 1 SCC 286, AIR 1990 SC 2140, MANU/SC/0374/1990 1. The appellant, K.C. Sharma,…

Acquittal due to hostile prosecutrix doesn’t make applicant’s character unfit for purpose of employment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 10571 OF 2018 (arising out of SLP(C) No.6599 of 2018) MOHAMMED IMRAN ….APPELLANT(S) VERSUS STATE OF MAHARASHTRA AND OTHERS ….RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant, a successful aspirant for…

No iota of element of evidence, clear in 498a and 306 IPC

Supreme Court of India State Of Maharashtra vs Ashok Narayan Dandalwar on 27 April, 2000 Equivalent citations: 2000 CriLJ 4993, JT 2000 (7) SC 468, (2000) 9 SCC 257 Bench: G Pattanaik, S Variava JUDGMENT JUDGEMENT 1. This interest is destined opposite an sequence of…

Each Criminal Trial is though a Quest for Search of a Truth

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION [RANJAN GOGOI] [NAVIN SINHA] [K.M. JOSEPH] JJ. SEPTEMBER 19, 2018 CRIMINAL APPEAL NO.56 OF 2018 SMT. SHAMIM ….APPELLANT(S) VERSUS STATE (GNCT OF DELHI) …RESPONDENT(S) J U D G M E N T NAVIN SINHA, J. The…

Discharged of the offence under Sections 498-A and 306, I.P.C

Andhra High Court   Sebbella Veera Venkata … vs State Of A.P. on 31 October, 2003 Equivalent citations: 2004 (2) ALD Cri 225, 2004 CriLJ 1107 Bench: C Somayajulu ORDER C.Y. Somayajulu, J. 1. Bhargava Laxmi (the deceased), wife of the petitioner, committed suicide on…

Conflicting statements of Dowry in 304-b, charge removed

Rajasthan High Court Vishwa Kumar Sharma vs State Of Rajasthan And Anr. on 1 February, 2006 Equivalent citations: 2006 CriLJ 2096, I (2006) DMC 574, RLW 2006 (2) Raj 1123, 2006 (2) WLC 268 Bench: R Chauhan JUDGMENT R.S. Chauhan, J. 1. Within two days…

False Report alleging Rape amounts to defamation

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 62 OF 2010. Shri Narayan Ganesh Gadekar, V/s. Smt. Parvati Sagun Gadekar, CORAM :- A. P. LAVANDE, J. DATE : 9th October, 2012 Heard Mr. Shivan Dessai, learned Advocate for the appellant and Mr….

Rejection of Quashing u/s 482 Cr.P.C cannot be a ground for dismissing Discharge Application u/s 239 crpc

Summary   Parents-In-Laws filed discharge application under Crpc 239, Magistrate dismissed it without citing specific reasons or finding Revisional Court upheld the dismissal order of Trial court. Aggrieved by this Parents-in-law moved to HC Honorable Jharkhand HC stated that “The revisional court was also supposed…

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