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Landmark Judgments and Articles on Law

Benefit of Doubt arising out of a Faulty Investigation accrues in favor of the Accused

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1702­ 1706 OF 2014 STATE OF UTTAR PRADESH … APPELLANT VERSUS WASIF HAIDER ETC. … RESPONDENTS J U D G M E N T N.V. RAMANA, J. REPORTABLE 1. These appeals by special leave…

Accused found in possession of “manufactured drug” can be tried under NDPS Act in place of Drugs and Cosmetics Act

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1512 OF 2018 (ARISING OUT OF SLP (CRL) NO. 4762 OF 2018) STATE OF PUNJAB …APPELLANT VERSUS RAKESH KUMAR …RESPONDENT WITH Criminal Appeal No. 1514 of 2018 (Arising out of SLP (Crl) No.4816…

When doctrine of Res judicata will be applicable between co-defendants?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 5276 of 2008 Decided On: 23.10.2018 Govindammal Vs Vaidiyanathan and Ors. Hon’ble Judges/Coram: N.V. Ramana and Mohan M. Shantanagoudar, JJ. 1. The legal representatives of the original Defendant in O.S. No. 45/85 on the file of…

What are necessary conditions for initiation of prosecution for defamation of public servant?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 547 of 2018 (Arising out of Special Leave Petition (Criminal) No. 6064 of 2017) Decided On: 13.04.2018 K.K. Mishra Vs. The State of Madhya Pradesh and Ors. Hon’ble Judges/Coram: Ranjan Gogoi and R. Banumathi and Mohan…

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…

Section 439 CrPC guiding principle to adjudicate on bail application; ordering forensic tests while considering same not allowed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1309 OF 2018 (Arising out of SLP (Crl.) No. 4887 of 2018) SANGITABEN SHAILESHBHAI DATANTA Appellant(s) VERSUS THE STATE OF GUJARAT & ANR. Respondent(s) OR D E R Leave Granted. 2. This appeal by…

Vague and cryptic allegations – 498a Conviction reversed

IN TH SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 963/2018 (arising out of Special Leave Petition (Crl.) No.9142/2016) SOW. CHHAYA …..Appellant Versus THE STATE OF MAHARASHTRA …..Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J. Leave granted. 2. This appeal is presented by the convicted…

Not mentioning essential facts in FIR point towards possibility of a staged crime

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 94-97 OF 2013 AMAR NATH JHA ….Appellants Versus NAND KISHORE SINGH & ETC. …..Respondents J U D G M E N T MOHAN M. SHANTANAGOUDAR, J. The judgment and order dated 11.1.2008 passed…

Constitution of India — Art. 226 — Maintainability of writ petition

SUPREME COURT OF INDIA Vinod Vs. Collector and Chairman, District Selection Committee, Chandrapur & Ors. [Civil Appeal No. 3352/2018 arising from SLP (C) No. 7492/2018] KURIAN, J. 1. Leave granted. 2. In the nature of order we propose to pass, it is not necessary to…

Whether person who is not appointed by court as guardian can work as next friend of minor child?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 22969 of 2017 Decided On: 08.01.2018 Nagaiah and Ors. Vs. Chowdamma (dead) by L.Rs. and Ors. Hon’ble Judges/Coram: Arun Mishra and Mohan M. Shantanagoudar, JJ. Citation: (2018) 2 SCC 504 1. The judgment dated 08.01.2013 passed by…

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