Criminal Law

himachal pradesh high Court

Statement of hostile witnesses is not to be brushed aside in toto

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Baldev Singh & Ors. v. State of Himachal Pradesh (Criminal Revision no 190 of 2008) Facts of the…

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400 225 Ravi Shukre

By Arbitrary decision, any innocent comment can just not be put in the ambit of Hate Speech and any hate speech cannot be given the shield of right to Speech and Expression

Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 14th February 2020 Shreya Singhal v. Union of India Facts: In the year 2012, Shiv Sena leader Bal Thakerey died.…

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560 315 Vaishnavi Nirmal

Equality in employment can be seriously impaired when women are subjected to gender specific violence

Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 14th February 2020 Vishaka and others vs. State of Rajasthan and others Fact of case: Bhanwari Devi who was a…

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400 225 Vaishnavi Nirmal

Can the mere statements of eye witnesses be used as a ground for punishing the accused?

Falgu Mukati | Pravin Gandhi College of Law | 14th February 2020 State of Maharashtra vs Pappugulam Mustak Ali Khan, Criminal Appeal NO.901 OF 2002 Matter In the given case…

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400 225 Falgu Mukati

Can mere delay in passing of an Detention Order, be considered as ground for Judicial Intervention

Falgu Mukati | Pravin Gandhi College of Law | 14th February 2020 Pravin Bhavya Pratap Shinde vs Commissioner of Police, Pune and Ors Matter In this case a preventive detention…

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400 225 Falgu Mukati

Production of the account books/cash book not relevant in the criminal case filed under Section 138 of NI Act

Harshit Sharma | Amity Law School, Madhya Pradesh | 8th February 2020 D.K. Chandel V/s. M/S. Wockhardt Ltd. & Anr. CRIMINAL APPEAL NO(S). 132 OF 2020 FACTS OF THE CASE This…

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400 225 Hshits1997

The credibility of any witness can be established when he is put to cross-examination

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th February 2020 Rekha V/s. State of Uttar Pradesh & Anr. APPLICATION U/S 482 No. - 43580 of 2019 FACTS OF THE…

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342 225 LexForti Legal News Network

The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law

Lahari Gurrala | Symbiosis Law School, Hyderabad | 4th February 2020 STATE OF MADHYA PRADESH Vs YOGENDRA SINGH JADON & ANR. CRIMINAL APPEAL NO. 175 OF 2020 Facts of the…

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560 315 Lahari Gurrala

Petition under the Domestic Violence Act can be filed in a Court where the “Person Aggrieved” Permanently or Temporarily resides.

Ronita Biswas | National Law University, Orissa | 5th February 2020 Shyamlal Devda & Ors. v. Parimala (Criminal Appeal No, 141 of 2020) Facts The marriage of the Respondent-wife and…

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560 315 LexForti Legal News Network

A dying declaration must not be rejected by the mere fact that it is different from the previous declarations

Falgu Mukati | Pravin Gandhi College of Law | 5th February 2020 Kashmira Devi vs State of Uttarakhand & Ors, Criminal Appeal NO. 724 OF 2019   Matter  The deceased Urmila was married to Jagdish Singh.…

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560 315 Falgu Mukati

“Two-finger test” is unconstitutional, as it violates the right of the victim of sexual assault to privacy, physical and mental integrity and dignity

Harshit Sharma | Amity Law School, Madhya Pradesh | 5th February 2020 State of Gujarat V/s. Rameshchandra Ramabhai Panchal R/Crl. Appl. No. 122/1996 & R/Crl. Appl. No. 25/1996 FACTS OF THE…

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560 315 Hshits1997

Mere fact as seizure witness appeared as DW would not lead to vitiate the proceedings

Harshit Sharma | Amity Law School, Madhya Pradesh | 5th February 2020 Gurmail Chand V/s. State of Punjab CRIMINAL APPEAL NO.149 OF 2020 FACTS OF THE CASE This appeal has…

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560 315 Hshits1997

Dying declaration alone cannot be treated as a valid evidence to punish the accused

Falgu Mukati | Pravin Gandhi College of Law | 4th February 2020 The State of Maharashtra vs Kailash Sahadu Somvanshi, CRIMINAL APPEAL NO.720 OF 1999 Matter  The respondent- accused, Kailash…

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560 315 Falgu Mukati

10 Important Judgments on Right to Maintenance of Wife u/s. 125 of Code of Criminal Procedure 1973

Harshit Sharma | Amity Law School, Madhya Pradesh | 4th February 2020 Kamala & Ors v. M.R. Mohan Kumar (Criminal Appeal No. 2368-2369/2019)- Strict Proof of Marriage is not a pre-requisite…

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460 259 Hshits1997

Can the swift and quick disposal of rejection of Mercy Petition be considered as a ground of Judicial Review, even in the most brutal cases

Falgu Mukati | Pravin Gandhi College of Law | 4th February 2020 Mukesh Kumar vs Union of India, Writ Petition (Criminal) D NO.3334 OF 2020  Matter  Nirbhaya, a 23-year-old, physiotherapy…

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560 315 Falgu Mukati

When complaint filed is not barred by limitation but at the same time it appears, there is no reason for lodging private complaint

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 2nd February 2020  Sardar Ali Khan v. State of U.P. through Principal Secretary of Home Dept. and Anr. (Criminal Appeal of…

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560 315 Ravi Shukre

FOR FINDING AGGRESSOR, ENTIRE INCIDENT MUST BE THOROUGHLY CONSIDERED

Rabia Basaria | Panjab University, Chandigarh | 3rd February 2020 Dashrath @ Jolo & Ors. Vs. State of ChhattisgarhCriminal Appeal Nos.197-198 of 2018 FACTS:- Herein:-                    PW-14 Chumbai                   PW-17 Gayatri Bai                   PW-19 Birichram                   PW-20 Dilip…

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560 315 LexForti Legal News Network

FAILURE TO PROVE THAT THE SEIZED SAMPLE PRODUCE WAS THE SAME SEIZED FROM APPELLANT MEANS FAILURE TO PRODUCE THE SEIZED SAMPLE ITSELF

Rabia Basaria | Panjab University, Chandigarh | 3rd February 2020 Vijay Panday   Vs.  State of Uttar Pradesh Criminal Appeal No. 1143 of 2019 Matter:- The appellant was charged u/s 8 and 15…

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560 315 LexForti Legal News Network

Rights which are deeply cherished by citizens are fundamental and not the restrictions therein

Harshit Sharma | Amity Law School, Madhya Pradesh | 4th February 2020 Sushila Aggarwal & Ors. V/s. State (NCT of Delhi) & Anr. SPECIAL LEAVE PETITION (CRIMINAL) NOS.7281­7282/2017 FACTS OF THE CASE…

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560 315 Hshits1997

The court of law must be satisfied with the reasonable grounds to punish a person under of the NDPS Act.

Lahari Gurrala | Symbiosis Law School, Hyderabad | 31st January 2020 SUJIT TIWARI  vs STATE OF GUJARAT & ANR.  CRIMINAL APPEAL NO.1897 OF 2019 Facts of the Case: The Indian Coast Guard…

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460 259 Lahari Gurrala

The factors like gravity and seriousness of offences alleged against an accused by themselves cannot be the basis for refusal of prayer for Bail

Harshit Sharma | Amity Law School, Madhya Pradesh | 29th January 2020 Prabhakar Tewari V/s. State of UP & Anr. CRIMINAL APPEAL NO.153 OF 2020 FACTS OF THE CASE These appeals arise…

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560 315 Hshits1997

Writ of Habeas Corpus cannot be invoked for the premature release of Convicted Prisoners

HOME SECRETARY (PRISON) vs. H. NILOFER NISHA Cri. Appeal 144-148 OF 2020 Facts – The Governor of Tamil Nadu, exercising powers under Article 161 of the Constitution, got a government order…

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560 315 LexForti Legal News Network

Investigation made by a competent Police officer in accordance with the provisions of Law cannot be quashed

Ronita Biswas | National Law University, Orissa | 22nd January 2020 State of Madhya Pradesh v. Babbu Rathore & Anr. (Criminal Appeal No. 123 of 2020)  Facts The deceased Baisakhu,…

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560 315 LexForti Legal News Network

Charges can be altered even after reserving of the judgement

Shubhani Mittal | Vivekananda Global University | 24th January 2020 Dr Nallapareddy Sridhar Reddy vs. State of Andhra Pradesh  Criminal Appeal No. 1934 of 2019 FACTS – In this case…

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560 315 Shubhani

When there is composite sentence of imprisonment and fine, appeal is not abated on death of accused

Shubhani Mittal | Vivekananda Global University | 27th January 2020 RAMESAN (DEAD) THROUGH LR. GIRIJA A vs. STATE OF KERALA CRIMINAL APPEAL NO. 77 of 2020 Facts – In this case,…

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560 315 Shubhani
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