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Landmark Judgments and Articles on Law

Whether appellate court must suspend the sentence of the convict as a matter of course?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 751-752 of 2019 Decided On: 26.04.2019 N. Ramamurthy Vs.   State Hon’ble Judges/Coram: Abhay Manohar Sapre and Dinesh Maheshwari, JJ. Citation: MANU/SC/0615/2019 1. Leave granted. 2. In these appeals, the Appellant-accused has called in question the orders dated 03.01.2019…

Whether the court should reject bail of undertrial accused to send message to society?

IN THE HIGH COURT OF DELHI Bail Appl. 945/2020 Decided On: 29.05.2020 Firoz Khan Vs. State (NCT of Delhi) Hon’ble Judges/Coram:Anup Jairam Bhambhani, J. Citation: MANU/DE/1134/2020 1. The applicant, who was taken into custody on 03.04.2020 in case FIR No. 105/2020 registered on 04.03.2020 under…

Whether the court can reject bail to accused on the ground that he is not cooperating with the police investigation?

IN THE HIGH COURT OF DELHI Bail Appl. 913/2020 Decided On: 18.06.2020 Navendu Babbar Vs. State of NCT of Delhi Hon’ble Judges/Coram: Anup Jairam Bhambhani, J. Citation: MANU/DE/1267/2020 1. The applicant is an accused in case FIR No. 88/2015 dated 30.06.2015 registered under sections 420/467/468/471/120-B…

Whether absconding accused arrested later is to be released on default Bail if police file Supplementary chargesheet on 91st day?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Criminal Writ Petition No. 475 of 2016 Decided On: 23.08.2016 Pankaj Sundarlal Yadav Vs. The State of Maharashtra and Ors. Hon’ble Judges/Coram: S.B. Shukre, J. 1. Heard. Rule. Rule made returnable forthwith. 2. Heard finally with consent…

Whether Session judge can Remand Accused for more than Fifteen days?

IN THE HIGH COURT OF BOMBAY Writ Petition Nos. 2639 and 2640 of 2019 Decided On: 18.12.2019 Harshad Dinanath Bari Vs. The State of Maharashtra Hon’ble Judges/Coram: S.S. Shinde and N.B. Suryawanshi, JJ. 1. By these Petitions, the Petitioners seek their release by invoking the…

No infirmity in order refusing to take cognizance of police report filed on basis of incomplete investigation

HIGH COURT OF TRIPURA AGARTALA CRL.REV.P.12 of 2015 The State of Tripura,—-Petitioner(s) Versus 1. Sri Bimal Chakraborty, the then B.D.O. Bishalgarh R.D. Block, son of Shyamapada Chakraborty of Milan Chakra, P.S. A.D. Nagar,West Tripura District, Agartala 2. Sri Nibash Paul @ Nibash Chandra Paul, Junior Mechanic…

Passing of orders by lower court ignoring judicial pronouncement of supreme court amounts to judicial impropriety

Supreme Court of India Kamini Jaiswal Vs. Union of India & ANR. [Writ Petition (Criminal) No.176 of 2017] 1. The facts are disturbing in the instant case. By moving two successive petitions, one on Wednesday (8.11.2017) and the other on Thursday (9.11.2017), identically worded similar…

Whether court should frame charge against accused if prima facie case is made out against accused?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 315, 314, 313, 312 and 311/2011 Decided On: 17.01.2018 Mauvin Godinho Vs. State of Goa Hon’ble Judges/Coram: N.V. Ramana and S. Abdul Nazeer, JJ. Citation: (2018) 3 SCC 358 1. These Criminal Appeals, by way of…

Whether passport can be returned to accused if police has illegally seized passport?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.59 OF 2018 Jignesh Prakash Shah Vs. Central Bureau of Investigation, CORAM : PRAKASH D. NAIK, J. DELIVERED ON : JUNE 04, 2018. With consent of both the parties, the application…

How to appreciate finger print evidence?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.2329-2331 OF 2009 State of Punjab .. Appellant versus Jagga Singh Etc. .. Respondents WITH CRIMINAL APPEAL NO.2327 OF 2009 AND CRIMINAL APPEAL NO.2328 OF 2009 J U D G M E N T…


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