Criminal Law

Prompt lodging of First Information Report cannot always be expected in cases of offences under Sections 376 or 354 of the Penal Code

Yugashree | School of Law Sastra University, Thanjavur | 20th May 2020 Bibhas Kuti vs. The State of West Bengal  Appeal made against Judgment and order made against the appellant…

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When a person’s appearance is secured bail can be issued

Yugashree | School of Law Sastra University, Thanjavur |19 May 2020 Jeet Ram vs. State Of Himachal Pradesh   The petitioners are seeking regular bail in under Section 32 & 33 of Indian Forest Act and Sections 379, 147, 149, 332, 435, 353, 201 & 506 of…

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Second wife is not entitled to maintenance as per Section 125 of Criminal Procedure Code

Ashutosh Rajput | Hidayatullah National Law University | 19th May 2020 Savitaben Somabhai Bhatiya vs State of Gujrat & Ors. Facts:  The appellant was married to the respondent no. 2…

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There is nothing in section 173(8) to suggest that the court is obliged to hear the accused before any direction is made

Aditi Reddy | Symbiosis Law School, Hyderabad | 19th May 2020 Satishkumar Nyalchand Shah vs State of Gujarat & Ors CRIMINAL APPEAL NO. 353 OF 2020 Facts of the case: In an…

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CAA Protest case in Uttar Pradesh – State not responsible for acts of violent protesters

Shaunak Choudhury | Student of SVKM’s NMIMS Kirit P. Mehta School of Law | 18th May 2020 Rajat Gangwar v. State of Uttar Pradesh 2019 SCC OnLine All 5792 (Allahabad High Court)…

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Justification of punishment of the Acid Attacker

Ashutosh Rajput | Hidayatullah National Law University | 18th May 2020 Omanakuttan v. State of Kerela [Criminal Appeal No. 873 of 2019 (CRL) No. 6293/2018] Facts:  The appellant and the…

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The application of anticipatory bail is maintainable even when the accused is to be declared as “Absconder”

Ukkash F | Sastra School of Law, Tamil Nadu | 14th May 2020 Balveer Singh Bundela V. State of Madhya Pradesh FACTS OF THE CASE The Madhya Pradesh High Court…

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The whole mixture has to be taken into consideration for conviction

Ashutosh Rajput | Hidayatullah National Law University | 12th May 2020 Hira Singh v. Union of India CRIMINAL APPEAL NO. 722 OF 2017 Background In the case of E. Michael…

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Innocent Man in Prison

Shaunak Choudhury | Student of SVKM’s NMIMS Kirit P. Mehta School of Law | 11th May 2020 Rudal Sah v. State of Bihar (1983) 4 SCC 141 Facts The petitioner, Rudul…

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First complaint against cybercrime: Review of State of Tamil Nadu v. Suhas Katti

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 11th May 2020 State of Tamil Nadu Vs Suhas Katti Facts: The accused was a family friend of the complainant. The…

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‘Boys Locker room incident’ Petition filed for CBI/SIT probe

Ukkash F | Sastra School of Law, Tamil Nadu | 11th May 2020 DEV ASHISH DUBEY Vs GOVERNMENT OF NCT OF DELHI & ORS FACTS OF THE PETITION A Public Interest…

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Pandemic, Prisoners and Parole

Ashutosh Rajput | Hidayatullah National Law University | 10th May 2020 The Supreme Court in Re: Contagious of Covid-19 Virus in Prisons laid out a suo moto action through the order dated…

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Maintenance cannot be denied to a wife living separately if she has sufficient grounds

Asmita Kuvalekar | Government Law College, Mumbai | 30th April 2020.  SAYGO BAI V CHUEERU BAJRANGI (CRIMINAL APPEAL NO 2169 OF 2010 ARISING OUT OF SLP (CRL) NO 2060 OF 2010)…

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A check-bouncing complaint against a company must show individual’s role to create vicarious liability

Asmita Kuvalekar | Government Law College, Mumbai | 28th April 2020.  STANDARD CHARTERED BANK V STATE OF MAHARASHTRA AND ORS ETC (CRIMINAL APPEAL NOS 271-273 OF 2016 ARISING OUT OF S.L.P…

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When Medical Evidence also does not support the case the conviction and sentence can be set aside

Yugashree | School of Law Sastra University, Thanjavur | 27th April 2020 Balamurugan vs. State To set aside the conviction judgement passed by the learned Additional District and Sessions Judge, Fast…

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Magistrates can order further investigation even after a Chargesheet has been filed

Asmita Kuvalekar | Government Law College, Mumbai | 17th April 2020 VINUBHAI HARIBHAI MALAVIYA AND ORS V THE STATE OF GUJARAT AND ANR (CRIMINAL APPEAL NOS 478-479 OF 2017)  FACTS OF…

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When case falls in category of “rarest of rare” cases, which calls for no punishment other than death then death reference made by trial court liable to be confirmed

Sonali Rajput | KLE Society Law College,Bangalore | 19th April 2020 State of Uttarakhand and ors v Akhtar Ali and ors. Criminal Reference No. 1 of 2016, Criminal Appeal Nos.…

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Anticipatory bail should not be limited to exceptional cases only

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  SIDDHARAM SATLINGAPPA MHETRE V STATE OF MAHARASHTRA AND OS (CRIMINAL APPEAL NO 2271 OF 2010 ARISING OUT OF SLP (CRL)…

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When male child contracts marriage with a female adult, the remedy is annulment, not punishment

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  HARDEV SINGH V HARPREET KAUR AND OS (CRIMINAL APPEAL NO 1331 OF 2013)  FACTS OF THE CASE:  Challenging Punjab and…

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‘Information contained in a document is a ‘Corporeal Property’ and can be a subject matter of theft’

Yukti Gupta | Vivekananda Institute of Professional Studies | 11th April 2020 BIRLA CORPORATION LIMITED VS. ADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS AIR 2019 SC 2390 FACTS-  The accused…

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Though the interest of the child is of paramount importance, the courts of one jurisdiction should respect the orders of a court of competent jurisdiction even if it is beyond its territories

Kosha Doshi | Symbiosis Law School, Pune | 6th April 2020 Yashita Sahu v. State of Rajasthan Facts:             Yashita Sahu married to Varun Varma on 30/05/2016 had shifted to United…

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Valdaris Custodial Death Bombay HC directs trail court to book cops for murder of 25-year-old

Kosha Doshi | Symbiosis Law School, Pune | 3rd April 2020 Leonard Xaveri Valdaris v. Office-in-charge & Ors. Facts:              On an average there are about 5 custodial deaths per day.…

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If promise to marry was not made with sole intention to seduce a woman to indulge in sexual act, such an act would not amount to rape

Lisa Coutinho | Pravin Gandhi College of Law | 30th March 2020 Dr. Dhruvaram Murlidhar Sonar v. The State of Maharashtra & Ors. Criminal Appeal No. 1443 of 2018 Facts…

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When a woman states before the court that she did not consent to a physical relationship, the court shall not presume otherwise

Lisa Coutinho | Pravin Gandhi College of Law | 31st March 2020 Miss XYZ v. State of Gujarat & Anr. Criminal Appeal No. 1619 of 2019 Facts of the case:…

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Magistrates and not High Courts should Direct Filing of FIRs or Proper Investigation

Asmita Kuvalekar | Government Law College, Mumbai | 29th March 2020.  M. SUBRAMANIAM AND ANR V S. JANAKI AND ANR (CRIMINAL APPEAL NO 102 OF 2011)  FACTS OF THE CASE:  This…

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