Criminal

Prashant Bharti vs State Of NCT Of Delhi [ALL SC 2013 JANUARY]

KEYWORDS:-False rape charge- DATE:- 23 January, 2013 ACTS:-Section 376 IPC IN THE SUPREME COURT OF INDIA CRIMINAL APPEAL NO. 175 OF 2013 (Arising out of SLP (Criminal) No. 1800 OF 2009) Prashant Bharti vs State Of Nct Of Delhi Bench: D.K. Jain, Jagdish Singh Khehar J U D G M E N T JAGDISH SINGH… Continue reading Prashant Bharti vs State Of NCT Of Delhi [ALL SC 2013 JANUARY]

Criminal

Guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court

 Supreme Court  has laid down the guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court. The appellate court should not ordinarily set aside a judgment of Acquittal in a case where two views are possible, though the view of the Appellate Court may be more… Continue reading Guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court

Criminal

Smt. Selvi and OTHERS Versus State of Karnataka[ALL SC 2010 MAY]

KEYWORDS:- Scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test- DATE:-05-05-2010- Forcing an individual to undergo any of the impugned techniques violates the standard of ‘substantive due process’ which is required for restraining personal liberty. JT 2010 (5) SC 11 : (2010) 4 SCALE 690 : (2010) 7 SCC 263… Continue reading Smt. Selvi and OTHERS Versus State of Karnataka[ALL SC 2010 MAY]

Criminal

Maharashtra Control of Organised Crime Act, 1999

Maharashtra Control of Organised Crime Act, 1999 (Maharashtra Act No. 30 - of 1999) STATEMENT OF OBJECTS AND REASONS Organised crime has been for quite some years now come up as a very serious threat to our society. It knows no national boundaries and is fueled by illegal wealth generated by contract, killing, extortion, smuggling… Continue reading Maharashtra Control of Organised Crime Act, 1999

Criminal

Zahira Habibulla H. Sheikh and another Vs State of Gujarat and others[ALL SC 2004 APRIL]

KEYWORDS:-The principle of fair trial- Retrial- DATE:-12-04-2004 "A somewhat an unusual mode in contract to the lapse committed by non-examining victims and injured witnesses adopted by the investigating agency and the prosecutor was examination of six relatives of accused persons. They have expectedly given a clean chit to the accused and labeled them as saviors".… Continue reading Zahira Habibulla H. Sheikh and another Vs State of Gujarat and others[ALL SC 2004 APRIL]

Criminal

Mehboob Batcha and Others Vs State rep. by Supdt. of Police[ALL SC 2011 March]

KEYWORDS:- CUSTODIAL DEATH - VIOLENCE- DATE: 29-03-2011 JT 2011 (3) SC 541 : (2011) 4 SCALE 20 : (2011) 7 SCC 45 : (2011) 3 SCC (Cri) 70 (SUPREME COURT OF INDIA) Mehboob Batcha and Others Appellant Versus State rep. by Supdt. of Police Respondent (Before : Markandey Katju and Gyan Sudha Misra, JJ.) Criminal Appeal… Continue reading Mehboob Batcha and Others Vs State rep. by Supdt. of Police[ALL SC 2011 March]

Criminal

K. M. Mathew Appellant Vs K. A. Abraham and others[ALL SC 2002 AUGUST]

KEYWORDS:-DEFAMATION-NEWSPAPER- DATE:-23-08-2002 In the case of publication of any newspaper, each copy of the publication shall contain the names of the owner and the editor who have printed and published that newspaper. AIR 2002 SC 2989 : (2002) 1 Suppl. SCR 662 : (2002) 6 SCC 670 : JT 2002 (6) SC 248 : (2002)… Continue reading K. M. Mathew Appellant Vs K. A. Abraham and others[ALL SC 2002 AUGUST]

Criminal

M. A. Rumugam Vs Kittu @ Krishnamoorthy[ALL SC 2008 NOVEMBER]

KEYWORDS-DEFAMATION-those who plead exception must prove it- DATE:- 07-11-2008 AIR 2009 SC 341 : (2008) 15 SCR 642 : (2009) 1 SCC 101 : JT 2008 (11) SC 638 : (2008) 14 SCALE 200 (SUPREME COURT OF INDIA) M. A. Rumugam Appellant Versus Kittu @ Krishnamoorthy Respondent (Before : S. B. Sinha And Cyriac Joseph, JJ.)… Continue reading M. A. Rumugam Vs Kittu @ Krishnamoorthy[ALL SC 2008 NOVEMBER]

Criminal

Rasiklal Versus Kishore Khanchand Wadhwani [ALL SC 2009 FEBRUARY]

KEYWORDS:-DEFAMATION-CANCELLATION OF BAIL- DATE:-20-02-2009. The right to claim bail granted by Section 436 of the Code in a bailable offence is an absolute and indefeasible right. AIR 2009 SC 1341 : (2009) 2 SCR 795 : (2009) 4 SCC 446 : JT 2009 (3) SC 26 : (2009) 3 SCALE 9 : (2009) CriLJ SC… Continue reading Rasiklal Versus Kishore Khanchand Wadhwani [ALL SC 2009 FEBRUARY]

Criminal

Bhairon Singh Vs State of MADHYA PRADESH[ALL SC 2009 MAY]

KEYWORDS:-ADMISSION- ADMISSIBILITY OF HEARSAY EVIDENCE-Rule of res gestae DATE:-29-05-2009- Whether the statements attributed to the deceased could be used as evidence for entering upon a finding that the accused subjected 'X' to cruelty as contemplated under Section 498-A, IPC. AIR 2009 SC 2603 : (2009) 9 SCR 875 : (2009) 13 SCC 80 : JT… Continue reading Bhairon Singh Vs State of MADHYA PRADESH[ALL SC 2009 MAY]

Criminal

Whether a Court can pass an interim order not to arrest the applicant, where an application under Section 438 of the Code is pending disposal.

Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused… Continue reading Whether a Court can pass an interim order not to arrest the applicant, where an application under Section 438 of the Code is pending disposal.

Criminal

Distinction between application for cancellation of bail and appeal preferred against order granting bail

KEYWORDS:- CANCELLATION OF BAIL In Union of India Versus Hassan Ali Khan and Another[(2011) 11 SCALE 302] "Section 439(2) Code of Criminal Procedure are concerned, we cannot ignore the distinction between an application for cancellation of bail and an appeal preferred against an order granting bail. The two stand on different footings. While the ground for cancellation of… Continue reading Distinction between application for cancellation of bail and appeal preferred against order granting bail

Criminal

Distinction between compounding of offences by parties before trial Court or in appeal and exercise of power by High Court to quash prosecution under Section 482 Cr.P.C. on other

There is a subtle distinction between compounding of offences by the parties before the trial Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecution under Section 482 Code of Criminal Procedure. on the other. While a Court trying an accused or hearing an appeal… Continue reading Distinction between compounding of offences by parties before trial Court or in appeal and exercise of power by High Court to quash prosecution under Section 482 Cr.P.C. on other

Criminal

The jurisdiction of the criminal courts in inquiries and trials in India

9. Section 177 of Cr.P.C postulates that ordinarily offence shall be inquired into and tried by a court within whose local jurisdiction it was committed. Section 178, inter alia, deals with situations when it is uncertain in which of several local areas, an offence is committed or partly committed in one area and partly in… Continue reading The jurisdiction of the criminal courts in inquiries and trials in India

Criminal

Pretrial Detention of Defendants in America (USA)

The Federal Bureau of Prison(BOP) and  United States Marshals Service(USMS) cooperate to manage the allocation of federal detention bed space. Ordinarily, pretrial inmates may be detained at BOP detention centers, and at other BOP facilities pending prosecution and/or sentencing. The USMS acquires detention bed space through agreements with state and local governments, and contracts with private vendors, in addition… Continue reading Pretrial Detention of Defendants in America (USA)

Criminal

Rights of a federal crime victim in America [USA]

KEYWORDS: Victims Rights A FEDERAL CRIME VICTIM HAS THE FOLLOWING RIGHTS: Under Crime Victims Rights Act of 2004, 18 U.S.C. § 3771. The right to be reasonably protected from the accused. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or… Continue reading Rights of a federal crime victim in America [USA]

Criminal

Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

KEYWORDS:- Bail Granted- DATE:- February 6, 2018- If an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider… Continue reading Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

Criminal

Union of India Vs. Leen Martin & ANR.[SC 2018 February]

KEYWORDS:- NDPS-statement of official witness-ACQUITTAL - DATE :- February 01, 2018 When the statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and pass conviction order against the accused. ACTS:-  Under sections 8(c), punishable under Section 20(b)(ii) (c) and under Section 28 read with Section 23… Continue reading Union of India Vs. Leen Martin & ANR.[SC 2018 February]