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Landmark Judgments and Articles on Law

Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Vikas Kunvar Srivastav, J. BAIL No. – 5451 of 2018 Ajay Kumar vs. State Of U.P Counsel for Applicant :- Sudhakar Mishra,Atul Verma,Hari Krishna Verma,Shitla Prasad Tripathi; Counsel for Opposite Party :- G.A. 1. The case…

Admin of WhatsApp group be held criminally liable for objectionable posts of a group member

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 573 OF 2016 APPLICANT :- Kishor S/o Chintaman Tarone, Aged about 33 years, R/o; Sawar Tola, Tahsil Arjuni – Morgaon, District – Gondia. …VERSUS… NON-APPLICANTS :- 1. The State of…

Whether the court should grant accused anticipatory bail if she has uploaded video to teach sex education to the children in the society?

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 24TH DAY OF JULY 2020 / 2ND SRAVANA, 1942 Bail Appl..No.3861 OF 2020 CRIME NO.478/2020 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM PETITIONER/ACCUSED: FATHIMA A.S. AGED 34 YEARS W/O.MANOJ,…

Whether the court can refuse to admit tape-recorded evidence produced by the husband if it is infringing the privacy of wife?

IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH) Writ Petition No. 7479 & 7484/2014 Decided On: 21.05.2015 Anurima Vs. Sunil Mehta Hon’ble Judges/Coram: S.R. Waghmare, J. Citation: AIR 2016 MP 112 1. These two petitions are being dealt together since they are cross petitions…

Precaution to be taken by Investigating officer for Preserving Electronic Evidence in Mobile phone

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl. No. 7022 of 2018 Decided On: 02.11.2018 Vijesh Vs. The State of Kerala and Ors. Hon’ble Judges/Coram: Raja Vijayaraghavan V., J. 1. This application is filed under Section 439 of the Cr.P.C. 2. The applicant…

Whether court should reject bail application of accused for offence of Voyeurism?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2304 OF 2017 Akshay v/s. The State of Maharashtra CORAM : ANUJA PRABHUDESSAI,J. DATED : OCTOBER 15, 2018. 1. This is an application under Section 439 Cr.P.C. filed by the aforesaid…

No arrests under Sec 66-A for social media posts – Ver.2

IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.167 OF 2012 SHREYA SINGHAL … PETITIONER VERSUS UNION OF INDIA … RESPONDENT WITH WRIT PETITION (CIVIL) NO.21 OF 2013 WRIT PETITION (CIVIL) NO.23 OF 2013 WRIT PETITION (CIVIL) NO. 97 OF 2013…

No arrests under Sec 66-A for social media posts – Ver.1

IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.167 OF 2012 SHREYA SINGHAL … PETITIONER VERSUS UNION OF INDIA … RESPONDENT WITH WRIT PETITION (CIVIL) NO.21 OF 2013 WRIT PETITION (CIVIL) NO.23 OF 2013 WRIT PETITION (CIVIL) NO. 97 OF 2013…

Whether Court can relax requirement of production of certificate U/S 65B of Evidence Act for proving electronic evidence?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.)No.2302 of 2017 SHAFHI MOHAMMAD Vs THE STATE OF HIMACHAL PRADESH Dated: January 30, 2018. (1) One of the questions which arose in the course of consideration of the matter was whether videography of…

Evidentiary admissibility of the contents of electronic records

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4226 OF 2012 Anvar P.V. … Appellant (s) Versus P.K. Basheer and others … Respondent (s) J U D G M E N T KURIAN, J.: Construction by plaintiff, destruction by defendant. Construction…

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