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Landmark Judgments and Articles on Law

498A IPC And DP Act Not Sustainable When The Complaint Is Filed Long After Divorce

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1048 OF 2018 (ARISING OUT OF SLP(CRL.) NO.4122 OF 2016) MOHAMMAD MIYAN & ORS. …APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. …RESPONDENTS O R D E R Leave granted. The incident for…

What Principles are to be followed by court for summoning Accused as per S 319 of CRPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.134 OF 2019 (Arising out of SLP (Criminal) No. 1705/2015) Dev Wati and Ors. …Appellants Versus The State of Haryana and Anr. …Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J. Leave granted. 2. This appeal is…

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 93 of 2019 (Arising out of SLP (Crl.) No.8667 of 2016) RAJESH …. Appellant(s) Versus STATE OF HARYANA ….Respondent(s) JUDGMENT L. NAGESWARA RAO, J. Leave granted. 1. The Appellant was convicted under Section…

When land should not be treated as Agricultural land even if revenue record shows that it is Agricultural land?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 2928-2930 of 2018 Decided On: 19.03.2018 ITC Limited Vs. Blue Coast Hotels Ltd. and Ors. Hon’ble Judges/Coram: S.A. Bobde and L. Nageswara Rao, JJ. Citation: 2018(6) MHLJ 42 1. Leave granted. 2. The auction purchaser ITC…

Petition For Quashing FIR Can Be filed Even If Chargesheet Is Filed During Its Pendency.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1395 OF 2018 [Arising out of SLP (Crl.) No. 3730 of 2016] Anand Kumar Mohatta and Anr. ….Appellant(s) Versus State (Govt. of NCT of Delhi) Department of Home and Anr. …Respondent(s) J U D…

Whether Second Marriage performed during Pendency of appeal against divorce is legal?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 18312 of 2017 Decided On: 24.08.2018 Anurag Mittal Vs. Shaily Mishra Mittal Hon’ble Judges/Coram: S.A. Bobde and L. Nageswara Rao, JJ. Citation: 2018(5) MHLJ 714 L. Nageswara Rao, J. (i) Section 15 of the Act provides…

Whether a party can be permitted to challenge correctness of preliminary decree in final decree proceeding?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 21834 of 2017 Decided On: 15.05.2018 Selvi Vs. Gopalakrishnan Nair (D) thr. L.Rs. and Ors. Hon’ble Judges/Coram: R. Banumathi and L. Nageswara Rao, JJ. Citation:(2018) 7 SCC 319 1. This appeal arises out of the judgment…

What are powers and duties of appellate court while hearing appeal against acquittal?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1022 of 2011 Decided On: 01.06.2018 Jayaswamy Vs. State of Karnataka Hon’ble Judges/Coram: L. Nageswara Rao and Mohan M. Shantanagoudar, JJ. Citation: (2018) 7 SCC 219 1. By the impugned judgment dated 12.08.2010 in Criminal Appeal…

Accused acquitted of offence under Section 302 convicted under Section 201 IPC on abject failure to offer any explanation about their conduct

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1617 OF 2011 Asar Mohammad and Ors. …..Appellant(s) :Versus: The State of U.P. ….Respondent(s) J U D G M E N T A.M. Khanwilkar, J. 1. This appeal emanates from the judgment and…

Whether court is under obligation to take action within reasonable time if no limitation is prescribed?

IN THE SUPREME COURT OF INDIA C.A. No. 1250 of 2008 Decided On: 19.04.2017 Chhedi Lal Yadav and Ors. Vs. Hari Kishore Yadav (D) thr. L.Rs. and Ors. Hon’ble Judges/Coram: S.A. Bobde and L. Nageswara Rao, JJ. Citation: (2018) 12 SCC 527 1. This appeal…

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