Criminal Law

The civil suit being the Original Suit No. 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed dated 29.12.2010 was executed, whereas the contention of the appellant herein as a defendant in the suit is that the sale deed had been executed […]

Crime was committed in State of Gujarat, but case pending before trial court there was transferred by Supreme Court to competent court in State of Maharashtra for trial and disposal. Held, after trial had been concluded and judgment of conviction came to be passed, all further proceedings have to be considered including remission or premature

Exercise of inherent powers of High Court under, to quash criminal proceedings in view of compromise arrived at between parties in case of matrimonial disputes, when warranted, explained. Since the parties have buried the hatchet and have decided to give quietus to the proceedings which were lodged inter se, going by the law declared by

The scope and ambit of Section 319 CrPC has been well­ settled by the Constitution Bench of this Court in Hardeep Singh v. State of Punjab and others1 and paras 105 and 106 which are relevant for the purpose are reproduced hereunder: “105. Power under Section 319 CrPC is a discretionary and an extra­ordinary power. It is to be exercised sparingly

Exercise of power under Art. 142 of the Constitution in this regard, whether warranted, determined. During the pendency of these proceedings, the sister of the injured-PW-2 has married the accused No. 3 (Guhan). The accused persons as well as the injured are all residents of the same locality. In order to bring peace and in

The present petition was originally filed with a complaint that arising from the self-same FIR, bail applications were filed separately by two accused persons and the one which was filed later was listed before the High Court of Patna and post-arrest bail was granted to him, but the petitioner who had filed the bail application

Principles clarified regarding permissibility and limitations on direction for further investigation or reinvestigation, by High Court by invoking its inherent powers under S. 482. Held, we can reasonably cull out the principles for application to the present case as follows: The scheme of the Code of Criminal Procedure, 1973 is to ensure a fair trial and that

Considering S. 390 CrPC, the appellate court in an appeal against acquittal may/can even suspend the order of acquittal/discharge passed by the appellate court and, therefore, Supreme Court can suspend the judgment and order passed by High Court acquitting/discharging the accused. Section 45 in The Unlawful Activities (Prevention) Act, 1967 states –“No court shall take

During the course of the investigation, statement of eye­witness – Narender   has   been   recorded.   In   his   statement   under Section 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the co­accused Shekhar caused the injury on the neck of the deceased. In the FIR, the

When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in Rules 12(3)(a)(i), (ii) and (iii) of the JJ Rules, 2007 made under the JJ Act, 2000, or, the documents mentioned in S. 94(2) of the