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Landmark Judgments and Articles on Law

Unless Prosecution establishes Prima Facie, Husband can’t be forced to explain Wife’s death

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.9 OF 2014 Suresh Ladak Bhagat (at present undergoing sentence at Thane Jail) of Thane Indian Inhabitant and residing at Modgaon, Sawarpada, Taluka – Dahanu, District – Thane. … Appellant (Orig. Accused)…

Whether convicted accused can claim acquittal if absconding accused is acquitted in a separate trial?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.903 OF 2021 GANESAN Vs STATE Author: M. R. Shah, J. Dated: October 29, 2021 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 16.07.2019 passed by the High Court of…

Inconsistency in witness statements, he cannt be prosecuted for Perjury U/s 193 CrPC

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4821 OF 2012 N.S. Nandiesha Reddy ……Appellant(s) Versus Kavitha Mahesh ….Respondent(s) With Civil Appeal No. 6171/2012 JUDGMENT A.S. Bopanna, J. 1. The appellants in both these appeals are assailing the order dated 01.06.2012 passed…

Guideline on Proclamation of person and Proclamation as offender

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th June, 2021 CRL.M.C. 5328/2013 SUNIL TYAGI ….. Petitioner Through: Mr. Ajayinder Sangwan, Mr. Raj Kumar Sharma, Mr. Arun Rathi and Mr. Summinder Paswan, Advocates versus GOVT OF NCT OF DELHI & ANR…

Whether prosection can produce additional documents after submitting chargesheet

Supreme Court of India Bench: M.B. Shah, Brijesh Kumar, D.M. Dharmadhikari CASE NO.:Appeal (crl.) 1045 of 2000 PETITIONER:CENTRAL BUREAU OF INVESTIGATION Vs. RESPONDENT:R.S. PAI AND ANOTHER DATE OF JUDGMENT: 03/04/2002 BENCH:M.B. Shah, Brijesh Kumar & D.M. Dharmadhikari JUDGMENT:Shah, J. Short question iswhether prosecution can produce…

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…


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