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Landmark Judgments and Articles on Law

In criminal cases, Period of Limitation starts from the Date of Complaint, not from Date of Cognizance

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.829 OF 2005 Mrs. Sarah Mathew … Appellant Versus The Institute of Cardio Vascular Diseases by its Director– Dr. K.M. Cherian & Ors. … Respondents WITH Special Leave Petition (Crl.) Nos.5687-5688 of 2013 M/s….

Worngful Prosecution (Miscarriage of Justice): Legal Remedies – Law commission

The Law Commission of India submitted its Report No. 277 titled ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies’ to the Government of India on 30th August, 2018. The High Court of Delhi in its Order dated 30th May, 2017 in the case of Babloo Chauhan…

In a Private Complaint case the enquiry under Section 202 by the Magistrate is made mandatory

Kerala High Court Moideenkutty Haji And Ors. vs Kunhikoya And Ors. on 20 March, 1987 Bench: S Padmanabhan, K Thomas, K Balakrishnan JUDGMENT Padmanabhan, J. 1. These cases have been referred to a Full Bench to decide the question whether it is mandatory that a…

498a FIR Quashed

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6594 of 2015 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE J.B.PARDIWALA 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter…

Enquiry u/s 202 of Cr.P.C mandatory even after Magistrate has taken cognizance

Punjab-Haryana High Court S.K. Bhowmik vs S.K. Arora And Anr. on 19 September, 2007 Bench: R Singh JUDGMENT Ranjit Singh, J. 1. Invoking the amended provisions of Section 202 Cr.P.C., this petition for quashing the complaint and summoning order is filed by the petitioner with the submission…

Prosecute the unscrupulous litigants U/S-209 IPC

IN THE HIGH COURT OF DELHI AT NEW DELHI RFA 784/2010 Date of Decision : 22nd January, 2016 HS BEDI ….. Appellant Through : Mr. Suhail Dutt, Senior Advocate with Mr. Azhar Alam, Advocate. versus NATIONAL HIGHWAY AUTHORITY OF INDIA ….. Respondent Through : Mr….

Guidelines for all types of arrest and detention.

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Gujarat HC: 498A Quash against Family Members – With Citation of landmark Judgements

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 11014 of 2015 JAGDISHPRASAD RAMSHWRUPPRASAD GUPTA & 4….Applicant(s) Versus STATE OF GUJARAT & 1….Respondent(s) Appearance: MR HARDIK A DAVE, ADVOCATE for the Applicant(s) No. 1-5 MS MONA BHATT,…

Abuse of 498A to get Divorce – Note to Law Commission and The Parliament

Andhra High Court Saritha vs R. Ramachandra on 9 July, 2002 Author: B Swamy Bench: B Swamy, G Yethirajulu ORDER B.S.A. Swamy, J. 1. The appellant is the petitioner in OP No.58 of 1998 on the file of the Family Court, Secunderabad. She filed the…

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