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Landmark Judgments and Articles on Law

What is the difference between Section 439 and Section 389 of the Code of Criminal Procedure?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO.1849 OF 2021 IN SPECIAL LEAVE PETITION (CRL.) NO.5191 OF 2021 SATENDER KUMAR ANTIL … APPELLANT VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. … RESPONDENTS WITH MISCELLANEOUS APPLICATION DIARY NO.29164 OF 2021 IN SPECIAL…

Whether court can draw adverse inference if a literate person puts thumb impression instead of signature?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5823 OF 2011 Lachhmi Narain Singh (D) Through LRs Vs Sarjug Singh (Dead) Through LRs. Author: Hrishikesh Roy, J. Dated: AUGUST 17, 2021 1. This appeal arises out of the judgment and order dated…

Under which circumstances letter of intent will be binding on the parties?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4358 OF 2016 SOUTH EASTERN COALFIELDS LTD. Vs M/s. S. KUMAR’s ASSOCIATES AKM (JV) AUTHOR: SANJAY KISHAN KAUL, J. Dated: July 23, 2021. 1. South Eastern Coalfields Ltd., appellant no.1 is a Government company registered…

When to apply Section 34 IPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1584 of 2021 (@SLP (CRL.) NO. 11816 OF 2019) JASDEEP SINGH @ JASSU …APPELLANT(S) VERSUS STATE OF PUNJAB …RESPONDENT(S) WITH CRIMINAL APPEAL NO.1585 OF 2021 (@SLP(CRL.) NO.11486/2019) CRIMINAL APPEAL NO.1586 OF 2021 (@SLP(CRL.) NO.3301/2020)…

Whether colloquial variation in describing the accused render the identification of accused unreliable?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 540/2018 LALA @ ANURAG PRAKASH AASRE Vs THE STATE OF MAHARASHTRA Author: Hrishikesh Roy, J. Dated: AUGUST 24, 2021 1. Heard Mr. Huzefa Ahmadi, the learned Senior Counsel on behalf of the Appellant. The…

Can the defendant plead that will is suspicious due to the exclusion of siblings if siblings have not raised that issue?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1376-1377 OF 2010 V. PRABHAKARA …APPELLANT VERSUS BASAVARAJ K. (DEAD) BY LR. & ANR. …RESPONDENTS JUDGMENT M.M. SUNDRESH, J. BACKGROUND FACTS: 1. The Suit Property originally belonged to one Ms. Jessie Jayalakshmi (since deceased)….

Magistrate issue Summons not Arrest Warrant while accepting Chargesheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 929 OF 2021 (Arising out of SLP(Crl.) No. 5234/2021) AMAN PREET SINGH APPELLANT(s) VERSUS C.B.I. THROUGH DIRECTOR RESPONDENT(s) O R D E R Leave granted. This is one more case based on a…

Whether process of Determination of Motor Accident Compensation can be by a Continuing Mandamus?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4576/2021 HDFC ERGO GENERAL INSURANCE CO. LTD. Vs MUKESH KUMAR AUTHOR: SANJAY KISHAN KAUL, J. Dated: 03rd August, 2021. Leave granted. The sole question which arises for determination in this appeal filed by the Insurance Company…

SC: Arrest will cause incalculable harm to the reputation and self-esteem of a person

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IO is not required to arrest each and every accused at the time of filing charge-sheet

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.838 OF 2021 (Arising out of SLP(Crl.) No.5442/2021) SIDDHARTH APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. RESPONDENT(S) O R D E R Leave granted. The short issue before us is whether the…

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