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Landmark Judgments and Articles on Law

If Accused makes a Plausible Defence under Section 313 CrPC , then Burden is un the Prosecution to negate it

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 283 of 2011 Parminder Kaur @ P.P. Kaur @ Soni ….. Appellants(s) VERSUS State of Punjab …..Respondents(s) JUDGMENT SURYA KANT, J. 1. The present Criminal Appeal has been preferred by Parminder Kaur, impugning…

Whether suggestions given by Advocate for accused to prosecution witnesses is binding on accused?

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 901/2018 SUBHASH Vs STATE Date of Decision: 08th May, 2020 CORAM: MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL MANMOHAN, J: 1. Present appeal has been filed by appellant-convict challenging the judgment dated 29th…

Quash u/s 482 Cr.P.C for framing the additional charge, Cr.P.C 216/226/227

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. – 77 Case :- APPLICATION U/S 482 No. – 32237 of 2019 Applicant :- Harvindar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :-…

When theory of last seen is not applicable for convicting accused for murder?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1046 OF 2010 SMT. GARGI … APPELLANT(S) VS. STATE OF HARYANA … RESPONDENT(S) JUDGMENT Dinesh Maheshwari, J. Preliminary 1. This appeal by special leave is directed against the common judgement and order dated…

APPLICATION UNDER ORDER 7 RULE 11 CPC FOR REJECTION OF PLAINT, DAMAGE AND COMPENSATION IN 498A

IN THE COURT OF SUMITRA KADIAN, (UNIQUE IDENTIFICATION CODE No. HR0369) CIVIL JUDGE (JUNIOR DIVISION), GURUGRAM. Date of Application:-26.03.2019 Date of Order: 26.11.2019 CIS No.CS-6241-2018 CNR No.HRGR-02-004872-2018 Ganesh Awasthi & Ors. Vs. Secretary, Home Department, Haryana & ors. APPLICATION UNDER ORDER 7 RULE 11 CPC…

STAGES OF CRIMINAL TRIAL

STAGES OF CRIMINAL TRIAL.⚖ 🏹Normally a Criminal Trial has to travel through main stages from the lodging of F.I.R. till its judgment, they are as under :- (01)👮‍♂. FIR :- Any person can launch prosecution against the person committing any legal wrong. A complaint can…

Prosecution for Perjury can be directed only in case of deliberate falsehood

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Single Bench : Hon’ble Shri Rajeev Kumar Dubey, J. Misc. Criminal Case No.8545/2016 Delivered on : 17/07/2018 Rajkumar Pathak vs. Ghanshyam Tiwari & Ors. Shri Niranjan Pathak, counsel for the applicant. Shri Arpit Kumar Tiwari, counsel for the…

Whether prosecution against absconding accused can be quashed if co-accused is acquitted?

IN THE HIGH COURT OF ORISSA, CUTTACK CRLMC No. 3031 Of 2006 An application under section 482 of the Code of Criminal Procedure, 1973 in connection with G.R. Case No.844 of 2003 pending on the file of S.D.J.M., Bhubaneswar. Ajay Kumar Sethi …….. Petitioner -Versus-…

Prosecution u/s 377 can be quashed on ground of compromise even though terms of settlement are not disclosed

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATEJURISDICTION CRIMINAL APPLICATION NO.666 OF 2016 Bharatkumar S. Gupta V/s The State of Maharashtra CORAM : A.S. OKA & A.A. SAYED, JJ. DATED : 29 JUNE 2016 Citation: 2017 ALLMR(CRI)1060 1 Heard the learned Counsel appearing for…

Principles to grant of anticipatory bail in economic offence

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.326 OF 2016 WITH CRIMINAL APPLICATION NO.360 OF 2016 Suresh Thimiri s/o. T.K. Thimiri . vs. The State of Maharashtra. CORAM: MRS.MRIDULA BHATKAR, J. DATE: 6 th MAY, 2016 The applications…


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