In a fresh and significant development, the Kerala High Court has just recently on September 9, 2020 in a latest, landmark and extremely laudable judgment titled X vs State of Kerala in Case No. : Crl. MC No. 3463 of 2020 issued some future guidelin..
At a time when Maharashtra is among the worst affected State in whole of India with most number of persons suffering from Covid, the Bombay High Court has commendably, courageously and correctly in a suo motu case titled Court On Its Own Motion..
Through its judgment of the case – Branch Manager, Bajaj Allianz Life Insurance Company Ltd and Others v. Dalbir Kaur, delivered on October 9, 2020, a 3-judge bench of the Supreme Court, consisting of Justice Dr Dhananjaya Y. Chandrachud, Justice Ind..
The Supreme Court dismissed the appeal & upheld the decision of the HC and held that “the heinous offence of gang-rape of an innocent and helpless young woman by those in whom she had reposed trust, followed by a cold-blooded murder and calculated at..
A 3-judge bench of the Supreme Court consisting of Justice Arun Mishra (since retired), Vineet Saran and S.Ravindra Bhat have in the judgment of the case – The Designated Authority (DA) & Others v. M/s the Andhra Petrochemicals Ltd., delivered on Sep..
In a well-reasoned, well-analysed, well-drafted and well-articulated judgment titled Neelam Manmohan Attavar vs Manmohan Attavar (D) Thr LRs Transferred Case (Criminal) No. 1 of 2020 delivered on September 3, 2020, the Supreme Court has held that a..
In a righteous, remarkable and recent decision, the Kerala High Court in Abhishek K.A. @ Bhanu vs. State of Kerala in Case No. : CRL.A. No. 1087 of 2019 has as recently as on September 9, 2020 issued general directions to be followed by the Investig..
In a well-reasoned, well-researched, well-analysed and well-articulated judgment titled Maksud Sheikh Gaffur Sheikh vs State of Maharashtra in Criminal Application (APPA) No. 270/2020 in Criminal Appeal No. 336/2016 delivered on August 28, 2020, a f..
In a latest, landmark and laudable judgment titled Shoma Sen D/o Kanti Sen Vs. State of Maharashtra and others in Civil Application (CAW) No. 886/2020 in Writ Petition No. 1857 of 2020 decided just recently on 28th August, 2020 by the Nagpur Bench of..
In a latest, landmark and extremely laudable judgment titled Sunil Kumar v. The State of Himachal Pradesh in Case No. : Cr.MP(M) No. 1303 & 1321 of 2020 delivered just recently on August 31, 2020, the Himachal Pradesh High Court expressed its concer..
Lord Birkenhead LC upheld the appeal filed and held that “Under the law of England as it prevailed until early in the 19th-century voluntary drunkenness was never an excuse for criminal misconduct; and indeed, the classic authorities broadly assert t..
The apex court observed that a certificate cannot be granted under Article 134(1)(c) of the Constitution if the High Court is in doubt about 'the facts. If there is doubt in the minds of the learned Judges about the facts, their duty is to acquit and..
In an interesting, fresh and significant development, the Supreme Court in a latest, landmark and laudable judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. 3493/2020 (Arising out of SLP (C) No. 10943/2020) along w..
In a recent, remarkable and righteous decision titled Saravanan vs. State represented by the Inspector of Police in Criminal Appeal Nos. 681-682 of 2020 (Arising from S.L.P. (Criminal) Nos. 4386-4387 of 2020) delivered on October 15, 2020, the three-..
The court held that Section 149 IPC has two essential ingredients: i. offence committed by any member of an unlawful assembly consisting of five or more members ii. such offence must be committed in prosecution of the common object of the assembly ..
The Court held that Mistake of fact does not stand as a defense to a crime where the statute making the act a crime contains no requirement of knowledge of that fact to begin with. In this case the forbidden act is wrong in itself and the legislature..
The jury reached a verdict of not guilty by reason of insanity. Also, itheld that “every man is presumed sane and to possess a sufficient degree of reason to be responsible for his crimes. Therefore, in order to establish an insanity defense, it must..
The court held that under section 86 it has to be proved that in spite of drunkenness the person had the intention to commit the act forbidden by law or that he had the knowledge that on committing the said act, it will result in the death of the per..
The Court refused to accept the argument urged by the counsel of the Appellants, Mr.Sawhney, that the test adopted by the High Court in dealing with the question of sentence is mechanical and unreasonable. ..
In the judgment of the case - Mohd. Anwar v. The State (N.C.T. of Delhi), delivered on August 19, 2020, a 3-judge bench of the Supreme Court, consisting of Justices N.V.Ramana, S. Abdul Nazeer and Surya Kant, has clarified that pleas of unsoundness o..
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