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Others Judiciary

State of Gujarat v. Girish Radhakrishnan Varde (2014) - Correct Stage of Addition of Sections to Chargesheet

 18 December 2020

The Court held disposed the appeal by observing and clarifying the order of the High Court to the extent that the appellant State of Gujarat shall be at liberty to raise all questions relating to additions of the Sections on the basis of the FIR...

Posted in Others |   2257 hits

Sundeep Kumar Bafna v. State of Mahrashtra & Anr (2014) - Power of High Court & Sessions Court u/s 439 CrPC

 18 December 2020

The Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant. The impugned Order was thus set aside. The appeal is allowed with terms...

Posted in Others |   3982 hits

Smt. Reena v. State of Uttarakhand (2016) - When to arrest & give bail?

 18 December 2020

The Court released the accused/applicant on the bail on furnishing her personal bond and two sureties of like amount to the satisfaction of learned A.C.J.M. Roorkee. Bail application stood allowed accordingly...

Posted in Others |   820 hits

Sayed Mohd. Ahmed Kazmi v. State, GNCTD & Ors. (2012) - Statutory Bail Right not Affected by Subsequent Application

 17 December 2020

These appeals arise out the judgment and orders dated 2nd July, 2012, 6th July, 2012 and 6th August, 2012, passed by the Delhi High Court in Crl. M.C. No.2180 of 2012...

Posted in Others |   657 hits

Jogendra Nahak v. State of Orissa & Ors. (1999) - Recording of Examination u/s 164 CrPC

 17 December 2020

All and sundry cannot approach the magistrate for recording of their statement u/s 164 and any witness, unsponsored by the IO/prosecution, cannot seek to get his examination recorded u/s 164 Cr.P.C...

Posted in Others |   2867 hits

R. Vijayan v. Baby & Anr. (2012) - Fine with Compensation u/s 357(3) CrPC

 17 December 2020

he court held that there must be a consequential levy of a fine of an amount sufficient to cheque amount and interest thereon at a fixed rate of 9% p.a, followed by the award of such sum as compensation from the fine amount and the appeal was dismiss..

Posted in Others |   2991 hits

Amarveer Singh v State of Rajastham & Ors. (2009) - Condition of payment of fine for bail is unjustified

 17 December 2020

The court held that the accused booked under Section 138 of Negotiable Instrument Act would ordinarily be granted bail since the offence was a non-bailable one and therefore they are not to be taken in the custody during the trial. Likewise, a person..

Posted in Others |   535 hits

Sayad Hyder Hussain v. State of Orissa & Anr. (1996) - Application Ss. 397 & 401 CrPC

 17 December 2020

The court opined that there was no dispute in the agreement of sale and ordered for handing over of vehicle to the petitioner on receiving the security of Rs 1,00,000...

Posted in Others |   575 hits

Butterfield v. Forrester (1809) - Contributory Negligence Established

 16 December 2020

The case introduces Contributory Negligence from the base level, which simply states that negligence/ignorance/carelessness matters even if you are injured too. It wipes out the fact that carelessness of only single party matters, and empowers people..

Posted in Others |   2799 hits

Rakesh Kumar Paul v. State of Assam (2017) - Default Bail u/s 167(2) CrPC

 16 December 2020

The court held that the petitioner was to be awarded 'default bail' based on the facts and the circumstances of the case and set aside the order of the High Court...

Posted in Others |   3090 hits

Amar Nath Chaubey v. UOI & Ors. (2018) - Closure Report on Lack of Concrete Evidence

 16 December 2020

The approach adopted by the Supreme Court of India is commendable. The apex court has established that the judiciary is independent and dedicated to protecting the rights of the last citizen of the country...

Posted in Others |   1324 hits

Maninder Kaur & Ors. v. Teja Singh (2000) - Bail in Offences u/s 302& 304 IPC

 15 December 2020

The Court set aside the impugned order of High Court and allowed the appellants to remain on bail pursuant to the bond already executed by them...

Posted in Others |   1173 hits

90 days detention illegal in case of s.386 IPC because punishment is not more than 10 years

 15 December 2020

The background to the petition filed lies in the events that the petitioner was arrested in connection with the offence punishable under Sections 386, 506 and 120-B of the IPC...

Posted in Others |   975 hits

State of UP v. Ram Sagar Yadav & Ors (1985) - Dying Declaration can be Acted upon without Corroboration

 15 December 2020

The Court allowed the appeal and set aside the decision of the High Court affirming that of the Sessions Court convicting and sentencing the respondents...

Posted in Others |   2524 hits

Motiram & Ors v State of MP (1978) - Enlargement on bail with or without sureties

 15 December 2020

The petition was allowed and the petitioner was released as sought by the advocate...

Posted in Others |   7492 hits

State of Kerala v. Raneef (2011) - Delay in Concluding Trial must be Considered while Granting Bail

 15 December 2020

The Court dismissed the appeal against the order of the Kerala High Courtfor grant of bail to the respondent...

Posted in Others |   2031 hits

National Association of Blind v. Bombay Municpal Corporation (2020) - Disabled Win Case on Pay-Cut

 14 December 2020

A Bombay High Court division bench consisting of Chief Justice Dipankar Datta and Justice G.S.Kulkarni has declared through the judgment in the case – National Association of Blind v. Bombay Municipal Corporation, delivered on October 28, 2020, that ..

Posted in Others |   952 hits

Jayantilal Verma v. State of MP (2020) - Statement u/s 313 CrPC

 14 December 2020

In the judgment of the case – Jayantilal Verma v. State of M.P. (Now Chhattisgarh), delivered on November 19, 2020, Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy, at the Supreme Court, have ruled that in the case of death of wife Sahodarabai ..

Posted in Others |   1015 hits

Authorized Officer, Indian Bank v. KJ George & Ors (2020) - DRT's Power on Limitation

 14 December 2020

With the judgment by Justice A.M. Badar, at Kerala High Court delivered on November 2, 2020 in the case – Authorized Officer, Indian Bank v. K.J. George & Others, the Supreme Court’s clear view has been reiterated that in the absence of a statutory p..

Posted in Others |   1374 hits

Amish Devgan v. UOI & Ors - Journalist Amish Devgan's Remarks on Sufi Saint

 11 December 2020

The judgment deals with a writ petition filed by Journalist Amish Devgan seeking quashing of FIRs lodged against him for his remarks against Sufi Saint Moinnuddin Chisthi. The question before the court was that whether the First Information Reports s..

Posted in Others 2 comments |   2030 hits







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