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Landmark Judgments and Articles on Law

Section 439 CrPC guiding principle to adjudicate on bail application; ordering forensic tests while considering same not allowed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1309 OF 2018 (Arising out of SLP (Crl.) No. 4887 of 2018) SANGITABEN SHAILESHBHAI DATANTA Appellant(s) VERSUS THE STATE OF GUJARAT & ANR. Respondent(s) OR D E R Leave Granted. 2. This appeal by…

Acquittal due to hostile prosecutrix doesn’t make applicant’s character unfit for purpose of employment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 10571 OF 2018 (arising out of SLP(C) No.6599 of 2018) MOHAMMED IMRAN ….APPELLANT(S) VERSUS STATE OF MAHARASHTRA AND OTHERS ….RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant, a successful aspirant for…

Refusal of father to accept marriage does not amount to false pretext by accused; Rape convict acquitted

IN THE HIGH COURT AT CALCUTTA Criminal Appellate Jurisdiction APPELLATE SIDE BEFORE:-  THE HON’BLE JUSTICE RAJASEKHAR MANTHA C.R.A. No. 384 of 2008 KALAM SK. VERSUS THE STATE OF WEST BENGAL For the Appellant : Mr. Subhrajyoti Dey, Adv. Judgment On : 20.09.2018 Rajasekhar Mantha, J.:- 1….

SeX with Consent or Rape – Explained

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1439 OF 2011 STATE OF KARNATAKA ….. APPELLANT :VERSUS: F. NATARAJ ….. RESPONDENT J U D G M E N T Pinaki Chandra Ghose, J. This appeal by special leave has been directed…

What is difference between mental illness and mental retardation?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 10463 of 2017 Decided On: 17.08.2017 Z Vs The State of Bihar and Ors. Hon’ble Judges/Coram: Dipak Misra, Amitava Roy and A.M. Khanwilkar, JJ. Citation: ( 2018) 11 SCC 572 1. An interlocutory application being I.A. No….

Whether it is Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence?

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).10179/2017 (Arising out of impugned final judgment and order dated 21-09-2017 in CRLWP No.3582/2017 passed by…

Whether court can direct prosecution to produce documents prior to framing of charge as per request of accused?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 2114 of 2017 Decided On: 07.12.2017 Nitya Dharmananda and Ors. Vs. Gopal Sheelum Reddy and Ors. Hon’ble Judges/Coram: A.K. Goel and U.U. Lalit, JJ. Citation:(2018) 2 SCC 93 1. Delay condoned. Leave granted. 2. We have…

Delay in FIR acquitted in Section 376 of I.P.C

IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD CRIMINAL APPEAL NO.115 OF 2016 Pralhad s/o Pundlik Nawade Age : 24 years, Occu : Driver, R/o. Manyarkheda, Tq. Bhusawal, Dist. Jalgaon .. Appellant Versus The State of Maharashtra, Through Varangaon Police Station, Tq….

Police Officers to pay compensation to Doctors for their ‘illegal detention’ in a bailable Crime.

Police Officers to pay compensation to Doctors for their ‘illegal detention’ in a bailable Crime.

Whether application for Anticipatory Bail is tenable even if fir is not registered?

CALCUTTA HIGH COURT C.R.M. 8216 of 2017 In the matter of: An application for anticipatory bail Under Section 438of the Code of Criminal Procedure, 1973. In the matter of: Siraj Roy ….Petitioner Mr. Milan Kumar Mukherjee, Ms. Ruby Mukherjee ….for the petitioner. Mr. P. K. Dutta,…

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