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Landmark Judgments and Articles on Law

Breach of terms of contract, criminal action is not contemplated

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.808 2020 Vishnudas Sambhaji Honmane, Age 56 yrs., Occ. Service, R/o Yashwant Nagar, Degloor, Tq. Degloor, Dist. Nanded.… Petitioner … Versus … 1 The State of Maharashtra Through Mukramabad Police Station,Dist….

Whether court should quash second FIR if it is based same facts with additional sections under IPC?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 237 of 2020 Decided On: 07.02.2020 Prem Chand Singh Vs. The State of Uttar Pradesh and Ors. Hon’ble Judges/Coram: Navin Sinha and Krishna Murari, JJ. Citation: (2020) 3 SCC 54,MANU/SC/0136/2020 1. Leave granted. 2. The Appellant…

Writ petition cannot be used to control or scuttle the investigation of a criminal case

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2018 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO WRIT PETITION No.47297/2018 (GM – RES) BETWEEN RAVI M.V. S/O LATE VENKATARAMANIAH AGED ABOUT 40 YEARS OCC: AGRICULTURIST R/O MADAPAN KOPPALU HEBBERALU:…

No auto bail entitlement u/s 438 Cr.P.C should seek regular bail u/s 439 Cr.P.C

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. – 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. – 58109 of 2019 Applicant :- Abhimanyu Pratap Singh Tyagi And Another Opposite Party :- C. B. I Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party…

Section 493, I.P.C : Accused can't be prosecuted on materials adduced later

Madras High Court Murugaswamy vs State Represented By S.I. Of … on 15 March, 1996 Equivalent citations: 1996 (2) CTC 160 Author: M Karpagavinayagam Bench: M Karpagavinayagam ORDER M. Karpagavinayagam, J. 1. This rider is destined opposite a visualisation dated, 7.9.1993 in C.A. No. 102…

Whether Advocate can prosecute litigant for Cheating if they fail to pay his fees?

IN THE HIGH COURT OF BOMBAY Criminal Writ Petition No. 685 of 2013 Decided On: 26.07.2013 Dnyananda Sameer Nilekar Vs. State of Maharashtra Hon’ble Judges/Coram: K.U. Chandiwal, J. Citation;2013 ALL M R (Cri)3522 1. The respondent no. 2, an Advocate (complainant) desires to argue the…

Passport can be renewed even if Criminal Case is pending If There Is Permission From Court

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 12136/2018 RAJIV CHATURVEDI ….. Petitioner Through Mr Gaurav Gupta, Advocate. versus UNION OF INDIA & ORS. ….. Respondents Through Ms Anjana Gosain, Ms Shalini Nair, Mr Himanshi, Advocates for R1, 3, 4 & 5. Mr…

Consensual sex of live-in partners not rape if man fails to marry

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURSIDICTON CRIMINAL APPEAL NO. 1443 OF 2018 (Arising out of S.L.P. (Criminal) No.6532 of 2018) DR. DHRUVARAM MURLIDHAR SONAR …APPELLANT VERSUS THE STATE OF MAHARASHTRA & ORS. …RESPONDENTS J U D G M E N T S.ABDUL…

When court should not allow compounding of criminal case if it involves forgery?

In the High Court of Delhi at New Delhi (Before R.K Gauba, J.) Pawan Gupta v. State of NCT Delhi & Ors. Crl.M.C 4927/2015 Decided on August 23, 2018 The Order of the Court was delivered by R.K Gauba, J.:— The petitioner is facing prosecution…

Second complaint based on discovery of new facts in the same matter is maintainable

Om Prakash Singh v. State of Bihar, Appeal No. 857 of 2018, decided on 11-07-2018 – CLICK HERE FOR JUDGMENT

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