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Landmark Judgments and Articles on Law

Cancellation of bail in POCSO Act.

IN THE HIGH COURT OF DELHI AT NEW DELH CRL.M.C. 2372/2015 JAISHREE                                           ….. Petitioner versus STATE, GOVT. OF NCT OF DELHI ANR.                ….. Respondents CORAM: HON’BLE MR. JUSTICE S.P.GARG S.P.Garg, J. (Oral) Instant petition under Section 482 Cr.P.C. has been preferred by the petitioner /…

FIR lodged on mere basis of taking revenge against wife’s maintenance petition, liable to be quashed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 994 OF 2018 (arising out of SLP (Crl.) No. 1823 of 2017) Anupriya Pal & Others ..Appellants Versus State of U.P. & Anr. ..Respondents ORDER Leave granted. 2. This appeal is filed by…

Regular Bail to be granted where nature of allegation and the FIR doesn’t discuss the evidence in detail

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 12574 of 2018 ROHIT RAMDARASH YADAV Versus STATE OF GUJARAT Appearance: MR SANJAY PRAJAPATI(3227) for the PETITIONER(s) No. 1 MR LB DABHI, APP for the RESPONDENT(s) No. 1 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA Date :…

Execution of orders under Section 24 HMA in terms of CrPC unheard of; orders of ADJ purportedly acting as Magistrate set aside

In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.1903 of 2018 Taraknath Mukherjee Versus Sandhya Mukherjee (Sarkar) Mr. Kushal Paul….for the petitioner. Mr. J. Rahaman….for the opposite party. The present challenge has been preferred by the husband against an order whereby the Additional…

Application to set aside ex-parte divorce decree by a spouse is not rendered infructuous by remarriage of opposite spouse

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI WEDNESDAY,THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA, 1940 Mat.Appeal.No. 923 of 2018 AGAINST THE COMMON ORDER DATED 25.07.2018 IN OP 527/2016…

Securing ends of justice ultimate guiding factor; continuation of criminal proceedings where complainant herself approached the Court held to be exercise in futility: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J. allowed a petition for quashing of an FIR registered under Section 498-A, 406 and 34 IPC. The petitioner, who was the complainant in the above said FIR, contended that she had reconciled her disputed…

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…

Proceedings under Section 125 CrPC summary in nature; no strict proof of marriage required

S U P R E M E C O U R T O F I N D I A Kamala and Others Vs. M.R. Mohan Kumar [Criminal Appeal Nos. 2368-2369 of 2009] R. BANUMATHI, J. 1. These appeals arise out of the judgment dated 16.06.2009…

Application for filing additional documents in criminal cases: A power not to be used by the courts to fill up the gap(s)

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRREV No.41/2018 & IA No.1/2018 Date of order: 17.10.2018 Davinder Singh Vs. Kiran Pargal Coram:Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearance: For the petitioner(s) : Mr. A. S. Khera, Advocate. For the respondent(s) : Mr. Vishal…

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…


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