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Landmark Judgments and Articles on Law

Whether court should quash second FIR if it is based same facts with additional sections under IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 237 of 2020 Decided On: 07.02.2020 Prem Chand Singh Vs. The State of Uttar Pradesh and Ors. Hon’ble Judges/Coram: Navin Sinha and Krishna Murari, JJ. Citation: (2020) 3 SCC 54,MANU/SC/0136/2020 1. Leave granted. 2. The Appellant…

SC : Court Should permit the production of Secondary evidence if the party lays the factual foundation

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1889 OF 2020 JAGMAIL SINGH Vs KARAMJIT SINGH KRISHNA MURARI, J. Dated:MAY 13, 2020 This appeal is directed against the judgment dated 09.01.2017 passed by the High Court of Punjab and Haryana at…

When court should not entertain issue of Prejudice to accused due to his Inadequate Examination U/S 313 of CrPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 937, 938 and 939 of 2011 Decided On: 04.10.2019 Fainul Khan Vs. State of Jharkhand and Ors. Hon’ble Judges/Coram: Navin Sinha and B.R. Gavai, JJ. Citation: AIR 2019 SC 4858 1. The Appellants are aggrieved by…

Discharge Plea Cannot Be dismissed just Because HC Had Earlier Refused To Quash Criminal Proceedings

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1614 OF 2019 (ARISING OUT OF SLP(CRL.) NO.4091 OF 2019)   HARISH DAHIYA @ HARISH & ANR. APPELLANT(S) VERSUS THE STATE OF PUNJAB & ORS. RESPONDENT(S) O R D E R Leave granted. The…

Whether court is under obligation to consider defence of accused taken U/S 313 of CRPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1330 OF 2018 (arising out of SLP(Crl.) No.2440 of 2018) REENA HAZARIKA Vs STATE OF ASSAM NAVIN SINHA, J. Dated:OCTOBER 31, 2018. Leave granted. 2. The appellant is the wife of the deceased convicted…

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…

A Litigant can take Different Stands during Different Times though can't take Contradictory Stands in a Same Case

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10322 OF 2018 (arising out of S.L.P.(C)No.12073 of 2017) SUZUKI PARASRAMPURIA SUITINGS PVT. LTD. …APPELLANT(S) VERSUS THE OFFICIAL LIQUIDATOR OF MAHENDRA PETROCHEMICALS LTD. (IN LIQUIDATION) AND OTHERS …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. Reason:…

Abstaining from funeral of father contrary to normal human conduct, to be considered incriminating factor

In the Supreme Court of India Basavaraj alias Basavannappa Parmeshwar Bangargir Vs. State of Maharashtra [Criminal Appeal No.114 of 2012] NAVIN SINHA, J. 1. The appellant has been convicted under Section 302, I.P.C. and sentenced to life imprisonment on the charge of killing his own…

Prosecutrix turning hostile does not efface the evidence of Sexual Assault upon her

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.913 OF 2016 HEMUDAN NANBHA GADHVI ….APPELLANT(S) VERSUS STATE OF GUJARAT …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. The appellant assails his conviction by the High Court under Section 376(2)(f) IPC, sentencing him to ten years…

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…

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