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Landmark Judgments and Articles on Law

Can the court convict the accused for an offence U/S 304-B of IPC if charge U/S 498A of IPC is not framed against the accused?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1731 OF 2010 GURMEET SINGH Vs  STATE OF PUNJAB Author: N. V. RAMANA, CJI. DATED : 28.05.2021 1. The present appeal arises out of the impugned judgment dated 15.03.2010 passed by the High Court…

Under which circumstances high court can grant protection to accused from arrest after rejecting anticipatory bail application?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.522 OF 2021 Nathu Singh Vs State of Uttar Pradesh Author: N.V. RAMANA, CJI . Dated: MAY 28, 2021 1. Leave granted. 2. The present Criminal Appeals, by way of Special Leave, raise common question…

SC: Fundamental right to life is also available to undertrial

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (Crl.) No(s). 307 OF 2020 KERALA UNION OF WORKING JOURNALISTS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R This Writ Petition instituted under Article 32 of the Constitution of…

Whether court can convict accused relying on the evidence of related witness?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 316 of 2011 Karulal Vs The State of Madhya Pradesh Hrishikesh Roy, J. Dated: OCTOBER 09, 2020 1. This Appeal has been preferred by 5 accused, namely, Karulal(A-5), Amra(A-6), Kachru(A-7), Suratram(A-8) and Bhagirath(A-9). They…

Mens Rea For Section 306 IPC Cannot Be Assumed – Husband Acquited in Wife To Suicide

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.40 OF 2011 Gurcharan Singh Appellant Versus The State of Punjab Respondent JUDGMENT Hrishikesh Roy, J. 1. This Appeal challenges the judgment and order dated 4.3.2010 of the High Court of Punjab and Haryana…

If Accused makes a Plausible Defence under Section 313 CrPC , then Burden is un the Prosecution to negate it

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 283 of 2011 Parminder Kaur @ P.P. Kaur @ Soni ….. Appellants(s) VERSUS State of Punjab …..Respondents(s) JUDGMENT SURYA KANT, J. 1. The present Criminal Appeal has been preferred by Parminder Kaur, impugning…

Whether accused can be held Guilty for the offence of murder if he had no intention to cause death?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 407 of 2020 Decided On: 18.03.2020 Bhagwan Singh Vs. State of Uttarakhand Hon’ble Judges/Coram: S.A. Bobde, C.J.I., B.R. Gavai and Surya Kant, JJ. 1. Leave granted. 2. This Criminal Appeal is directed against the judgment dated…

SC : Mandatory time line for Filing Written Statement is not Applicable to Non-Commercial Suits

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.433 OF 2020 [Arising out of Special Leave Petition (Civil) No. 6217 of 2019] Desh Raj ….. Appellants(s) VERSUS Balkishan (D) Through Proposed LR Ms. Rohini …..Respondents(s) JUDGMENT Leave granted. 2. This Civil Appeal…

Whether court should award Death sentence in case of Rape or Murder of child?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1523-1524 OF 2019 [Arising out of Special Leave Petition(Crl.)Nos. 9254-9255/2019 CRL.M.P. Nos. 5704-5705 OF 2017] Ravishankar @ Baba Vishwakarma ….. Appellants(s) VERSUS The State of Madhya Pradesh …..Respondents(s) JUDGMENT SURYA KANT, J. Delay…

Water and electricity supply form a part of right to life under Article 21 of Constitution

In the High Court of Himachal Pradesh at Shimla (Before Surya Kant, C.J and Ajay Mohan Goel, J.) Madan Lal v. State of Himachal Pradesh CWP No. 2454 of 2018 Decided on October 22, 2018 Citation: 2018 SCC OnLine HP 1495 The Judgment of the…

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