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Landmark Judgments and Articles on Law

Section 482 CrPC – Suspension of the Order of Conviction

IN THE HIGH COURT OF KERALA AT ERNAKULAM R.NARAYANA PISHARADI, J. Crl.M.A.No.01 of 2021 in Crl.A.No.309 of 2018; 27 July, 2021 Crl. M. Appl. No.1 / 2021 in Crl. A No. 309 of 2018 CC No. 10 / 2014 of the Special Court (SPE/CBI) III,…

whether superior courts (including a high court) can exercise power under Section 167 of CrPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.510 OF 2021 [ARISING OUT OF SLP (CRIMINAL) NO. 1796/2021] GAUTAM NAVLAKHA … APPELLANT(S) VERSUS NATIONAL INVESTIGATION AGENCY … RESPONDENT (S) J U D G M E N T K.M. JOSEPH, J. 1. Leave…

Whether information given by one accused against co-accused is admissible as per S 27 of Evidence Act?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 808 and 1088 of 2010 Decided On: 27.10.2015 Mehboob Ali Vs. State of Rajasthan Hon’ble Judges/Coram:H.L. Dattu, C.J.I. and Arun Mishra, J. Citation: 2015 SCC OnLine SC 1043. 1. The appeals have been preferred against the…

Sanction of Competent Authority to Prosecute a public servant not required if the act is not done as part of his official duty

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1837 OF 2019 (Arising out of Special Leave Petition (Crl.) No.6106 of 2019) STATION HOUSE OFFICER, CBI/ACB/BANGALORE …Appellant VERSUS B.A. SRINIVASAN AND ANR. …Respondents JUDGMENT Uday Umesh Lalit, J. 1. Leave granted. 2….

Whether a person can be convicted under prevention of corruption Act if demand and acceptance of bribe by him is not proved?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1276 OF 2010 Dashrath Singh Chauhan Vs Central Bureau of Investigation Dated:October 09, 2018 Abhay Manohar Sapre, J. 1) This appeal is directed against the final judgment and order dated 20.07.2009 passed by…

Jurisdiction to investigate under Article 142 of Constitution and Section 156

Supreme Court of India CASE NO.:Appeal (crl.) 1534 of 2006 PETITIONER:Asit Bhattacharjee RESPONDENT: M/s. Hanuman Prasad Ojha & Ors DATE OF JUDGMENT: 15/05/2007 BENCH:S.B. Sinha & C.K. Thakker JUDGMENT: J U D G M E N T S.B. Sinha, J. 1. Appellant herein was awarded contracts…

Defence evidence at the time of framing of charges

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. _1576-1577 OF 2008 [@ Special Leave Petition (Criminal) Nos.7387-88 of 2007] Rukmini Narvekar .. Appellant (s) -versus- Vijaya Satardekar & Ors. .. Respondent (s) JUDGMENT Markandey Katju, J. 1. Leave granted. 2. These…

Non avowal of element contribution is fraud. Decree performed by Fraud is a nullity. FIR Quash, when for what etc.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1356 OF 2004 Union of India Ors. …….. Appellants Versus Ramesh Gandhi ……… Respondent J U D G E M E N T Chelameswar, J. (1.) This seductiveness arises out of a visualisation…

Landmark judgment on discharge of accused and framing of charge

IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : 20th MARCH, 2015 DECIDED ON : 15th MAY, 2015 CRL.REV.P. 162/2014 & Crl.M.A.4214/2014 STATE ….. Petitioner Through : Mr.Atul Kumar Shrivastava, SPP.Insp.Vijay and Insp.Jitender, Crime Branch. Versus BHUPINDER SINGH BISHT & ORS. ….. Respondents…

Whether trial court can restart proceeding if extending stay is not produced after period of six months?

IN THE SUPREME COURT OF INDIA Criminal Appeal Nos. 1375-1376 of 2013, Decided On: 28.03.2018 Asian Resurfacing of Road Agency Pvt. Ltd. and Ors. Vs. Central Burueau of Investigation Hon’ble Judges/Coram: A.K. Goel, Navin Sinha and Rohinton Fali Nariman, JJ. 1. These appeals have been…

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