12 August 2024


Search Results for Tag : criminal

Judgments

Delay in formal confirmation does not result in crucial evidence being disregarded(19.08.2015)

Where the trial court had excluded casette tapes of voice recordings of kidnappers for not having been authorised by the appropriate authority, the Hi.....

Tags : Criminal, phone tap, authorisation, delay

read»



High Court dispenses with delayed FIR and lack of corroborating evidence in accepting statement of prosecutrix(19.08.2015)

In a case where the underage Prosecutrix was kidnapped by the Appellants and subjected to rape by several persons, the High Court upheld the convictio.....

Tags : Criminal, rape, prostitution, delay, fir

read»



High Court dispenses with delayed FIR and lack of corroborating evidence in accepting statement of prosecutrix(19.08.2015)

In a case where the underage Prosecutrix was kidnapped by the Appellants and subjected to rape by several persons, the High Court upheld the convictio.....

Tags : Criminal, rape, prostitution, delay, fir

read»



Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction(01.03.2023)

The Appellant having failed before the High Court has filed the present appeal. A prayer was made for quashing of F.I.R. under Sections 420, 120-B and.....

Tags : Criminal prosecution, FIR, Quashing

read»



Notifications & Circulars

India and Morocco sign Agreement on Mutual Legal Assistance in Criminal Matters(12.11.2018)

An Agreement on Mutual Legal Assistance in Criminal Matters was signed by Shri Kiren Rijiju, Minister of State for Home on behalf of the Government of.....

Tags : Criminal Matters, Assistance, Agreement

read»



BIMSTEC Convention to be signed and ratified(10.03.2016)

The Union Cabinet approved the signing and ratification of the Bay of Bengal Initiative on Multi Sectoral Technical Matters and Economic Cooperation C.....

Tags : Criminal activity, mutual assistance, bay of bengal

read»



Cabinet approves Agreement between India and Morocco on Mutual Legal Assistance in Criminal Matters(01.11.2018)

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the Agreement between India and Morocco on Mutual Legal Assistance in Crim.....

Tags : Agreement, Legal Assistance, Criminal Matters

read»



Candidate is obliged to give correct information as to conviction, acquittal or arrest or pendency of criminal case and there should be no suppression(20.10.2023)

The Director General of Police, has preferred present appeal against the final judgment and order passed by the Division Bench of the High Court allow.....

Tags : Employment, Criminal case, Involvement

read»



Appeal against Single Judge order for further criminal investigation not maintainable(19.11.2015)

The Orissa High Court held that an appeal against a Single Judge judgment directing further investigation in a criminal investigation was not maintain.....

Tags : Appeal, single judge, maintainability, criminal

read»



SC reverses labour court’s reinstatement of defrauding bus conductor(23.06.2016)

The labour court may interfere with punishment award only when such punishment is not other justified, the Supreme Court held.

In the insta.....

Tags : bus conductor, criminal breach of trust, labour

read»



Criminal defamation provisions to stay(13.05.2016)

The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 CrPC, provisions that deal with .....

Tags : criminal defamation, constitutional validity, misuse

read»



Quelling FIR double jeopardy(18.04.2016)

“Can recourse to Section 156(3) of the Code of Criminal Procedure be taken as if it is a routine procedure, especially when the case is predominantly .....

Tags : criminal investigation, double jeopardy

read»



Detaining suspect illegally outside ‘official duties’ of police(05.07.2016)

Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.....

Tags : criminal, police, sanction, illegal detention

read»



Proactive steps to encourage second marriage while aware of subsisting first sufficient for charge of criminal conspiracy(26.08.2015)

In a case where the Petitioners played an active role in entertaining the second wife of the Respondent and encouraged her to live in the same house a.....

Tags : Criminal, conspiracy, second, marriage

read»



Top Story

Supreme Court issued guidelines to bring uniformity in criminal trial(30.03.2017)

Supreme Court took suo motu cognizance regarding inadequacies in holding of criminal trial. Supreme Court passed the order in wake of drawbacks highli.....

Tags : Guidelines, Criminal trial, Uniformity

read»



Central Government set to decriminalise minor technical and procedural defaults under Companies Act(17.05.2020)

In pursuance to objective of providing greater “Ease of Doing Business” to all stakeholders, Government decides to decriminalise the violations involv.....

Tags : Technical default, Decriminalization, Amendment

read»



International Cases

‘Joint enterprise’ Chan Wing-Siu principle takes a turn(18.02.2016)

The British Supreme Court heard appeals against the application of the Chan Wing-Siu principle in establishing the guilt and conviction of the Appel.....

Tags : Criminal, joint enterprise, foresight, intent

read»



The perils of condning martyrdom(17.07.2015)

The Bombay High Court recently convicted a person on the basis of the sole witness testimony of the prosecutrix, an adolescent teen who was raped repe.....

Tags : criminal, rape, sole witness

read»



Doctrine of parity? Some more equal than others(29.09.2015)

Deciding an appeal against grant of bail to the Respondent, a history-sheeter, the Supreme Court made sure to reiterate that it had not cancelled bail.....

Tags : bail, antecedents, parity, criminal

read»



Supreme Court deliberates on 'colour of right'(30.07.2015)

The Supreme Court, elaborating on a "remarkably short" trial court analysis, held that the evidentional foundation establishing colour of right was su.....

Tags : canada, criminal, colour of right

read»



Court may terminate an order made by Tribunal only if it considers that order was wrong(08.09.2016)

Claimant is a trainee doctor who, at a hearing held in private before Interim Orders Tribunal ("IOT") of Medical Practitioners' Tribunal Service ("MPT.....

Tags : Criminal Proceedings, Interim suspension, Public confidence

read»



News

SC Upholds Constitutional Validity of Criminal Defamation Laws(13.05.2016)

Supreme Court has upheld constitutional validity of criminal defamation laws, which were challenged in court by various politicians across parties, in.....

Tags : Supreme Court, criminal defamation laws

read»



President Promulgates Criminal Law (Amendment) Ordinance(23.04.2018)

President has promulgated Criminal Law Amendment Ordinance, 2018 to amend Protection of Children from Sexual Offences Act to pave way for death penalt.....

Tags : Criminal Law Amendment Ordinance, Rape

read»



Supreme Court: Initiation of Trial 'No Ground' to Reject Plea Seeking to Quash Proceedings(26.04.2018)

Supreme Court has set aside a Madras High Court order that refused to entertain a plea seeking quashing of charge sheet on the ground that the trial h.....

Tags : Supreme Court, Criminal Proceeding

read»



CRIMINAL - SC: Stronger Evidence than Mere Chances of Complicity Required for Adding Additional Accused(19.03.2019)

Supreme Court has observed that to add a person as additional accused under Section 319 of the Code of Criminal Procedure, stronger evidence is requir.....

Tags : Supreme court, Code of Criminal Procedure, Section 319

read»



NARCOTICS - Calcutta HC: NDPS Court Not Exercising Magisterial Powers While Remanding Accused at Post-Cognizance(26.03.2019)

Calcutta High Court has dismissed habeas corpus petition holding that Special Court under Narcotic Drugs and Psychotropic Substances Act (NDPS) is not.....

Tags : Calcutta High Court, Section 309 of Code of Criminal Procedure

read»



CRIMINAL - Magistrate Can't Release Seized Vehicle, Once Confiscation Proceedings Under Forest Act Initiated:SC(27.03.2019)

Supreme Court has held that a Magistrate has no jurisdiction under Section 451 of the Criminal Procedure to release a seized vehicle, once the Authori.....

Tags : Supreme Court, Section 451 of the Criminal Procedure, Forest Act

read»



MP High Court: No ‘Roving Inquiry’ While Exercising Jurisdiction U/s 482 CrPC(14.03.2017)

Madhya Pradesh High Court has held that while exercising jurisdiction of section 482 of Criminal Procedure Code, Courts cannot indulge in a “roving in.....

Tags : Madhya Pradesh High Court, roving inquiry, Criminal Procedure Code

read»



CRIMINAL - Mere Disclosure of Names by Witnesses During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness

read»



CRIMINAL - Mere Disclosure of Names by Witness During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness

read»



Supreme Court: Political Parties Must Justify Fielding of Candidate with Criminal Background(03.02.2020)

Supreme Court has made it mandatory for political parties to reveal the reason behind fielding a candidate with a criminal background. The Court has d.....

Tags : Supreme Court, Political Parties, Candidates with Criminal Background

read»



SC: Power u/s 482 CrPC Cannot be Exercised Where Allegations Required to be Proved in Court of Law(03.02.2020)

Supreme Court has held that power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to .....

Tags : Supreme Court, Power under Section 482, Criminal Procedure Code, 1973

read»



Chhattisgarh High Court Issues Notice on Plea Challenging Criminalization of Beggary(05.02.2020)

Chhattisgarh High Court has issued notices on a Public Interest Litigation challenging the constitutional validity of the Chhattisgarh Bhiksha Vritti .....

Tags : Chhattisgarh High Court, Criminalization of Beggary

read»



Rajya Sabha Approves Death Penalty for Child Rape(07.08.2018)

Rajya Sabha has passed a crucial bill seeking to provide death penalty to those convicted of raping girls below the age of 12 years.

Tags : Rajya Sabha, Criminal Law

read»



Supreme Court to Parliament: Make Law to Bar Criminals From Polls(10.08.2018)

Supreme Court has urged Parliament to frame a law that prevents tainted persons from entering the electoral fray, saying the demand of the citizenry t.....

Tags : Supreme Court, Criminals, Polls

read»



President Gives Assent to Criminal Law (Amendment) Act(13.08.2018)

President Ram Nath Kovind has given assent to Criminal Law (Amendment) Act, 2018, that provides for stringent punishment, including death penalty for .....

Tags : Criminal Law, Amendment

read»



Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018 Re-introduced in Uttar Pradesh(13.06.2019)

Uttar Pradesh Government has re-introduced the provision of anticipatory bail after almost 43 years. This has paved the way for the Accused to get adv.....

Tags : Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018, Uttar Pradesh

read»



Supreme Court Asks High Courts to Adopt Draft Rules of Criminal Practice Within 6 Months(20.04.2021)

Supreme Court has directed the High Courts to take expeditious steps to adopt the draft rules of criminal practice, which has been prepared by amici c.....

Tags : Supreme Court, Draft Rules of Criminal Practice

read»



Supreme Court Asks High Courts to Adopt Draft Rules of Criminal Practice Within 6 Months(22.04.2021)

Supreme Court has directed the High Courts to take expeditious steps to adopt the draft rules of criminal practice, which has been prepared by amici c.....

Tags : Supreme Court, Draft Rules of Criminal Practice

read»



Allahabad HC Issues Criminal Contempt Notices to 15 Agra Lawyers(26.10.2016)

Allahabad High Court, while taking cognizance of an illegal strike and alleged misbehaviour with several Judges of Agra District Court, has issued cri.....

Tags : Allahabad High Court, Agra District Court, Criminal Contempt

read»



Karnataka HC Convicts Reporter & Editor for Defamation(10.09.2020)

Karnataka High Court has reversed the acquittal of a reporter and an editor of a magazine for criminal defamation, observing that the right to life gu.....

Tags : Karnataka High Court, Criminal Defamation

read»



SC Bars Withdrawal of Criminal Prosecution Against MPs/MLAs Without Permission of HC(10.08.2021)

Supreme Court has directed that no prosecution against MPs and MLAs will be withdrawn without the permission of the High Court of the concerned state......

Tags : Supreme Court, Criminal Prosecution Against MPs/MLAs Without Permission of HC

read»



Supreme Court Imposes Fine on Political Parties for Not Disclosing Criminal Antecedents(11.08.2021)

Supreme Court has imposed fine on eight political parties for committing contempt of court by flouting the directions in its February 2020 judgment fo.....

Tags : Supreme Court, Disclosing Criminal Antecedents

read»



Karnataka HC Directs State to Submit Details About Instances of Criminal Cases Against MPs(12.08.2021)

Karnataka High Court has directed the State government to submit details about instances of criminal cases registered against serving and former membe.....

Tags : Karnataka High Court, Details About Instances of Criminal Cases Against MPs

read»



Kerala HC Refuses to Quash Criminal Cases Against Archbishop George Alenchery(13.08.2021)

Kerala High Court has dismissed the petitions filed by Cardinal Mar George Alencherry, the Major Archbishop of Syro Malabar Church, seeking to quash t.....

Tags : Kerala High Court, Criminal Cases Against Archbishop George Alenchery

read»



Supreme Court: Drastic Steps Must to Cut Delays in Criminal Appeals(07.02.2018)

Supreme Court has said that "drastic measures" are required to cut long delays in deciding criminal appeals, and contemplated a time frame for wrappin.....

Tags : Supreme Court, Criminal Appeals

read»



Supreme Court Favors Fixing Time-Frame for Criminal Appeals(15.02.2018)

Supreme Court has said that steps were required to ascertain criminal cases did not remain pending for decades, which forces the accused to remain in .....

Tags : Supreme Court, Criminal Appeals

read»



Criminal Complaints can't be Quashed Just because Allegations Appear to be of Civil Nature: SC(13.02.2019)

Supreme Court has observed that criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nat.....

Tags : Supreme Court, Criminal Complaints, Criminal Complaints can't be Quashed Merely Because Allegations Appear to be of Civil Nature

read»



Supreme Court Quashes Madras High Court's Direction to Form Committee for Reforms(16.01.2020)

Supreme Court has set aside a Madras High Court Order that directed the State to constitute a committee to recommend reforms in the Criminal Justice S.....

Tags : Supreme Court, Madras High Court, Criminal Justice System

read»



Madras HC: Specific Time to be Allotted to Expedite Hearing of Criminal Cases Against MP/MLAs(25.01.2021)

Madras High Court has observed that in order to expedite the hearing of criminal cases against Members of Parliament/ Members of Legislative Assembly .....

Tags : Madras High Court, Hearing of Criminal Cases Against MP/MLAs

read»



SC: Mere Apprehension of Threat of Life Not Sufficient Ground to Transfer A Criminal Case(02.11.2021)

Supreme Court has observed that mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or subs.....

Tags : Supreme Court, Ground to Transfer A Criminal Case

read»



Supreme Court Imposes Rs 86 Lakh Fine on Businesswomen for Failing to Return India(21.12.2016)

Supreme Court has imposed a penalty of Rs 86 lakh on a businesswoman, facing charges of cheating, forgery and criminal breach of trust, for failing to.....

Tags : Supreme Court, cheating, forgery, criminal breach of trust, Businesswomen

read»



Cops Unnecessarily Implicate Many in Criminal Cases: Bombay High Court(13.12.2017)

Bombay high court has said that "imprudent acts of investigators (police)" were "overburdening criminal courts" and summoned a joint police commission.....

Tags : Delhi High Court, Criminal Case

read»



Set Up 12 Special Courts to Hear Cases of MPs/MLAs by March 1: Supreme Court(15.12.2017)

Supreme Court has asked the Central government to have the 12 promised special courts up and running by March 2018 to try criminal politicians in a ti.....

Tags : Supreme Court, Criminal Politicians

read»



Karnataka HC Refuses to Quash Criminal Case Against Church Priest in Mysuru(22.10.2021)

Karnataka High Court has refused to quash the criminal case registered against a Church priest in Mysuru, for allegedly violating Covid-19 norms while.....

Tags : Karnataka High Court, Criminal Case Against Church Priest in Mysuru

read»



Kerala HC Directs to Notify Order Clarifying Procedure for Medical Professional in Criminal Case(25.10.2021)

Kerala High Court has directed the State to expeditiously notify an order clarifying the procedure to be followed by medical professionals while exami.....

Tags : Kerala High Court, Procedure for Medical Professional in Criminal Case

read»



Karnataka HC Directs Police Officers to Strictly Follow Circular of State Government(27.10.2021)

Karnataka High Court has directed police officers who are in-charge of investigations to strictly follow the circular issued by the State government a.....

Tags : Karnataka High Court, Information Regarding Criminal Cases

read»



Madras HC's Observation on Victims’ Right to Prefer Appeals(06.05.2016)

Madras HC has held that a victim of a criminal offence would not cease to fall under definition of term ‘victim’ and lose his right to prefer appeal b.....

Tags : Madras HC, criminal offence

read»



Calcutta HC: Criminal Trial Need Not Split Up Against Company Refusing Representation Before Court(24.02.2020)

Calcutta High Court has held that where a company having notice, fails to represent itself in criminal judicial proceedings, the Courts must proceed w.....

Tags : Calcutta High Court, Criminal Trial

read»



Karnataka HC Issues Notice on PIL Seeking Final Report on Criminal Case Against V.K. Sasikala(16.03.2021)

Karnataka High Court has issued notice to the State government on a Public Interest Litigation petition seeking a direction to submit final report on .....

Tags : Karnataka High Court, Criminal Case Against V.K. Sasikala

read»



Madras HC Quashes Criminal Proceedings Against Advocate for Indulging in CAA Protests(16.03.2021)

Madras High Court has quashed the criminal proceedings initiated against an advocate for indulging in protests against the Citizenship Amendment Act, .....

Tags : Madras High Court, Criminal Proceedings Against Advocate

read»



Orissa High Court Quashes FIR Considering Inaction To Conclude Investigation For Long 15 Years(10.01.2022)

Orissa High Court quashed the FIR and the consequent proceedings taking into account the inaction of the investigating agency to conclude the investig.....

Tags : Orissa High Court, Quashing Of FIR, Criminal Intimidation

read»



Allahabad HC: Criminal Intimidation Is Cognizable Offence In Uttar Pradesh(10.01.2022)

Allahabad High Court observed that an offence of Criminal Intimidation Punishable under Section 506 IPC, if committed in the State of Uttar Pradesh wi.....

Tags : Allahabad High Court, Cognizable Offence, Criminal Intimidation

read»



Madras HC Stays Arrest of O Panneerselvam's Son, Brother in Rioting, Criminal Intimidation Case(12.04.2017)

Madras High Court has restrained Tamil Nadu police from arresting Ex-Chief Minister O Panneerselvam's son O P Ravindranath Kumar and brother O Raja ti.....

Tags : Madras High Court, O Panneerselvam, Criminal Intimidation

read»



Supreme Court Says 'Women Criminals Can Be Shown Leniency'(13.04.2017)

Supreme Court has said that a woman convict having three minor children to support would be a ground for courts to impose a lenient sentence on her.

Tags : Supreme Court, Woman Criminals

read»



Bombay High Court Upholds States Rule-Making Power Under Criminal Law Amendment Act 1932(14.04.2017)

Bombay High Court has examined whether State retains powers conferred by Section 10 of Criminal Law Amendment Act of 1932 to make certain offences cog.....

Tags : Supreme Court, Criminal Law Amendment Act 1932

read»



Mere Use Of Filthy/Abusive Language During Political Speech Not Criminal Intimidation: Tripura HC(01.04.2019)

Tripura High Court has observed that mere use of abusive words or filthy language and body posture during speech of a political leader will not come w.....

Tags : Tripura High Court, MP Jharna Das Baidya, Criminal Intimidation

read»



Mere Use of Filthy/Abusive Language During Political Speech Not Criminal Intimidation: Tripura HC(01.04.2019)

Tripura High Court has observed that mere use of abusive words or filthy language and body posture during speech of a political leader will not come w.....

Tags : Tripura High Court, MP Jharna Das Baidya, Criminal Intimidation

read»



Kerala HC: Individuals with Criminal Antecedents Not Allowed to Run Stalls in Temple Premises(04.02.2022)

Kerala High Court has established that individuals with criminal antecedents or those without a Police Clearance Certificate are not allowed to run or.....

Tags : Kerala High Court, Individuals with Criminal Antecedents

read»



SC Says, Breach of Trust Not Connected with Official Duty(30.06.2016)

SC has said that a public servant accused of criminal breach of trust cannot claim protection of lack of sanction for prosecution as the offence is no.....

Tags : SC, public servant , criminal breach of trust

read»



Madras HC: No Ex Parte Hearing, Disposal in Criminal Law(07.07.2016)

Madras HC has said that ex parte hearing, disposal, conviction or sentences are concepts unknown to criminal law and hence neither trial nor appeal ag.....

Tags : Madras HC , Criminal Law, Ex Parte Hearing

read»



Bombay HC: Civil Court Has Power to Summon Witness While Conducting Inquiry Under CrPC(03.05.2017)

Bombay High Court has ruled that a Civil Court has power to call a witness under Section 311 of Code of Criminal Procedure while conducting an inquiry.....

Tags : Bombay High Court, Civil Court, Code of Criminal Procedure

read»



Kerala HC: Criminal Proceedings Can Be Quashed At Post-Conviction Stage(29.04.2021)

Kerala High Court has held that criminal proceedings involving non-compoundable offence can be quashed at post-conviction stage invoking the power und.....

Tags : Kerala High Court, Criminal Proceedings

read»



Central Government Introduces Bill to Collect Biometrics of Prisoners(29.03.2022)

Central government has introduced the Criminal Procedure (Identification) Bill, 2022. The bill proposes to repeal Identification of Prisoner Act, 1920.....

Tags : Central Government, Criminal Procedure (Identification) Bill, 2022

read»



Allahabad HC: Co-Accused Cannot be Convicted if Main Accused Acquitted After Examination(31.03.2022)

Allahabad High Court has held that in view of the testimony of witnesses if one accused is acquitted, no criminal proceeding can be sustained against .....

Tags : Allahabad High Court, testimony of witnesses, criminal proceeding

read»



MP HC: Employer Can’t be Compelled to Appoint A Person With Criminal Antecedents(17.08.2017)

Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, em.....

Tags : Madhya Pradesh High Court, Criminal Antecedents

read»



Candidates Can't Be Barred from Polls on Framing of Criminal Charges: Supreme Court(25.09.2018)

Supreme Court has held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case.

Tags : Supreme Court, Disqualification, Criminal Charges

read»



Supreme Court on Criminal Probes in India: 'Accused Can be Ordered to Give Voice Samples'(02.08.2019)

Supreme Court has held that a judicial magistrate can order an accused to give his voice samples even against his consent in the course of a criminal .....

Tags : Supreme Court, Criminal Probes

read»



Calcutta HC Takes Suo Moto Cognizance of Delayed Investigation in Criminal Cases(10.06.2021)

Calcutta High Court has taken suo moto cognizance regarding Delayed Investigation in Criminal Cases. The Court has noted that as per the information r.....

Tags : Calcutta High Court, Delayed Investigation in Criminal Cases

read»



Kerala HC: Criminal Proceedings Cannot be Initiated Against Public Servant for Passing Wrong Order(11.06.2021)

Kerala High Court has ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act, 1988 merely.....

Tags : Kerala High Court, Criminal Proceedings Against Public Servant

read»



Allahabad HC: Divorced, Unmarried Muslim Woman Can Claim Maintenance u/s 125 CrPC(18.04.2022)

Allahabad High Court has held that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 of the Code of Cr.....

Tags : Allahabad High Court, Section 125 of the Code of Criminal Procedure, 1973, iddat

read»



Allahabad HC: Non-Reporting of Seizure U/S 102 (3) CrPC Doesn't Make Such Seizure Illegal(26.04.2022)

Allahabad High Court has ruled that non-reporting of the seizure forthwith, under Section 102(3) of the Code of Criminal Procedure, 1973 shall not ips.....

Tags : Allahabad High Court, Section 102(3), Code Of Criminal Procedure, 1973, ipso facto, seizure

read»



Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

read»



Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

read»



Allahabad HC: Maintenance U/S 125 CrPC Can be Granted if Restitution of Conjugal Rights is Passed(27.04.2022)

Allahabad High Court has held that there is no bar under Section 125 of the Code of Criminal Procedure, 1973 to grant maintenance to a wife, even agai.....

Tags : Allahabad High Court, Section 125, Code of Criminal Procedure, 1973, conjugal rights

read»



Bombay HC: Boarding in Crowded Mumbai Local Train is Calculated Risk; Not Criminal Act(27.04.2022)

Bombay High Court has ruled that boarding a crowded train for a Mumbaikar was a calculated risk and not a criminal act and directed the railways to pa.....

Tags : Bombay High Court, calculated risk, criminal act, Rs. 3 lakh, septuagenarian

read»



Karnataka HC Stays Criminal Proceedings against Public Service Commission’s Member(25.10.2016)

Karnataka High Court has stayed criminal proceedings initiated against Mangala Sridhar, who was suspended as member of Karnataka Public Service Commis.....

Tags : Karnataka HC , criminal proceedings, Public Service Commission

read»



Apex Court: Protection from Criminal Prosecution not Available to PSU Employees(20.08.2019)

Apex Court has ruled that protection from criminal prosecution is not available to those public servants who work in government companies or undertaki.....

Tags : Apex Court, Criminal Prosecution

read»



Bombay HC to Resume Physical Hearing of Criminal Appeals Only(26.08.2020)

Bombay High Court has notified a special procedure for physical hearing of criminal appeals only from 31st August, 2020 to 15th September, 2020 for th.....

Tags : Bombay High Court, Physical Hearing of Criminal Appeals

read»



Allahabad HC: Proceedings U/S 145 CrPC Has to be Discontinued if Suit for Possession is Pending(04.05.2022)

Allahabad High Court has observed that where a civil suit for possession or declaration of the title with regard to the same property is pending, the .....

Tags : Allahabad High Court, Section 145, Code of Criminal Procedure, 1973, Possession

read»



Punjab And Haryana High Court: Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated(05.05.2022)

Punjab and Haryana High Court has observed that husband is legally and morally responsible; wife cannot be denied maintenance on the grounds of being .....

Tags : Punjab and Haryana High Court, Maintenance for Wife, Section 125 Criminal Procedure Code

read»



Jharkhand HC: Pending Litigations Can't be Sole Ground to Quash Criminal Proceedings U/S 482 CrPC(09.05.2022)

Jharkhand High Court has ruled that simply because there is a case and a counter case between the parties or merely because there has been a title sui.....

Tags : Jharkhand High Court, criminal proceedings

read»



Karnataka HC Directs Registration of Suo-motu PIL for Disposal of Criminal Cases Against MP's/MLAs(21.09.2020)

Karnataka High Court has directed the Registrar General of the Court to register a suo-motu Petition, in view of the directions issued by the Supreme .....

Tags : Karnataka High Court, Disposal of Criminal Cases Against Legislators

read»



SC: Criminal Cases Cannot be Transferred on Ground of Lack of Territorial Jurisdiction(01.10.2020)

Supreme Court has observed that transfer of criminal cases cannot be ordered under Section 406 of the Code of Criminal Procedure, 1973 on the ground o.....

Tags : Supreme Court, Transfer of Criminal Cases

read»



SC: Trial of Criminal Case Against Indian Citizen for Offences Outside India Needs Government Sanctio(05.08.2021)

Supreme Court has observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without .....

Tags : Supreme Court, Trial of Criminal Case Against Indian Citizen for Offences Outside India

read»



Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)

Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....

Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125

read»



Calcutta HC: Accused Shall be Given Opportunity to Explain Circumstances Appearing Against Him(17.05.2022)

Calcutta High Court has observed that while examining an accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), the prosecution is .....

Tags : Calcutta High Court, Section 313, Code of Criminal Procedure, 1973, prosecution

read»



Karnataka HC: Directors of Company Can't Be Prosecuted Unless They Played "Active Role" in Process(20.05.2022)

Karnataka High Court has quashed the criminal proceedings initiated against the Proprietors/ Directors of a drugs manufacturing company for alleged pr.....

Tags : Karnataka High Court, Criminal Proceeding, Active Role, Directors

read»



Delhi HC: Husband Having Sufficient Means Obligated to Maintain Wife & Children(27.04.2022)

Delhi High Court has observed that under section 125 of Code of Criminal Procedure, 1973 entails that if the husband has adequate means, he is duty-bo.....

Tags : Delhi High Court, section 125, Code of Criminal Procedure, 1973

read»



Rajasthan HC: Criminal Revision Petition Maintainable Against Order of Interim Maintenance(28.04.2022)

Rajasthan High Court has ruled that an order of interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 by any Family Court or M.....

Tags : Rajasthan High Court, interim maintenance, Section 125, Code of Criminal Procedure, 1973

read»



Karnataka HC: Period Must be Counted for Default Bail U/S 167(2) CrPC if Liberty of Accused Lost(28.04.2022)

Karnataka High Court has reiterated that even when the accused is protected on body warrant, the liberty of the said accused is lost and that period w.....

Tags : Karnataka High Court, Section 167(2), Code of Criminal Procedure, 1973, statutory bail

read»



Allahabad HC: Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC(28.04.2022)

Allahabad High Court has observed that the provision of de novo trial is compulsory for the accused summoned under Section 319 of the Code of Criminal.....

Tags : Allahabad High Court, de novo trial, Section 319, Code of Criminal Procedure, 1973

read»



AP HC: Criminal Proceedings Can't be Quashed if Specific Accusations Made Against Accused U/S 482(28.04.2022)

Andhra Pradesh High Court has reiterated that when there are definite accusations in the First Information Report, charge sheet and witness statement .....

Tags : Andhra Pradesh High Court, First Information Report, Code of Criminal Procedure, 1973, Section 482

read»



Gujarat HC: Bar on Cognizance U/S 195(1)(b)(ii) CrPC Not Attracted When Forgery Took Place(02.05.2022)

Gujarat High Court has ruled that the bar of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 would be attracted only when the offences p.....

Tags : Gujarat High Court, Section 195(1)(b)(ii), Code of Criminal Procedure, 1973

read»



Apex Court: Initiating Criminal Complaint for Settling Civil Dispute is Abuse of Process of Law(09.08.2019)

Apex Court has ruled that initiating criminal proceedings and filing a criminal complaint for settling a civil dispute is nothing but an abuse of the .....

Tags : Apex Court, Criminal Complaint

read»



SC Grants Time to Telangana Govt, Police & BHEL to File Reply in Plea Seeking Transfer to CBI(21.08.2020)

Supreme Court has granted 2 weeks to Telangana Government, Telangana Police & BHEL to file replies in a plea seeking transfer of criminal investigatio.....

Tags : Supreme Court, Transfer of Criminal Investigation

read»



SC: Offence of Criminal Breach of Trust is Not Attracted if There was Not Entrustment of Property(24.05.2022)

Supreme Court observed that the offence of criminal breach of trust under Section 405 will not be attracted if there was no entrustment of the propert.....

Tags : Supreme Court, Criminal Breach of Trust, Property

read»



Gujarat High Court Refuses Bail to Lawyer Accused of Cheating & Criminal Breach of Trust(24.05.2022)

Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with money during the execution of a sale deed, while opinin.....

Tags : Gujarat High Court, Bail, Cheating, Criminal Breach of Trust

read»



Rajasthan HC: Attempt to Resolve Civil Dispute by Invoking Criminal Jurisdiction is Abuse of Process(25.05.2022)

Rajasthan High Court has observed that the attempt of a complainant to get the civil dispute resolved by invoking jurisdiction of a criminal court amo.....

Tags : Rajasthan High Court, Civil Dispute, Criminal Jurisdiction

read»



Karnataka HC: Rape Proceedings can be Closed on Account of Settlement Between Parties(31.05.2022)

Karnataka High Court has held that closure of proceedings on account of settlement arrived at between the parties, even for offence of rape, is permis.....

Tags : Karnataka High Court, Rape, Criminal Proceedings

read»



SC Directs No Unnecessary Adjournments in Criminal Cases Against Legislators(11.11.2020)

Supreme Court has ordered that no unnecessary adjournments should be granted in criminal cases pending against legislators across the country. The Cou.....

Tags : Supreme Court, Criminal Cases Against Legislators

read»



Meghalaya HC Refuses to Quash Criminal Case Against Journalist for Her Facebook Post(12.11.2020)

Meghalaya High Court has refused to quash a criminal case lodged against the journalist, Patricia Mukhim, for her facebook post about continued attack.....

Tags : Meghalaya High Court, Criminal Case Against Journalist

read»



Kerala High Court Quashes Criminal Proceedings Against Ex-MLA(13.11.2020)

Kerala High Court has quashed criminal proceedings against former MLA Dominic Presentation observing that leading peaceful and non-violent procession .....

Tags : Himachal Pradesh High Court, Minor's Kerala High Court, Criminal Proceedings Against Ex-MLA

read»



SC Refuses Plea Seeking Declaration of Election of Netas Facing Criminal Charges Null(17.11.2020)

Supreme Court has refused to entertain a plea seeking to declare as ‘null and void’ the election of those against whom charges have been framed for ov.....

Tags : Supreme Court, Election of Netas Facing Criminal Charges

read»



Kerala HC Dismisses Plea Challenging Order Directing Further Investigation Against State DGP(17.09.2021)

Kerala High Court has dismissed a petition challenging the integrity of a Government Order directing further investigation into a criminal case agains.....

Tags : Kerala High Court, Further Investigation Into Criminal Case

read»



J&K&L HC: Can’t Deny Promotion Merely Because Criminal Proceedings Are Pending Against Employee(22.08.2022)

Jammu and Kashmir and Ladakh High Court has held that promotion can’t be withheld merely because some criminal proceedings are pending against employe.....

Tags : Jammu and Kashmir and Ladakh High Court, Promotion, Criminal Proceedings

read»



Delhi HC Grants Relief to Leprosy Patients Rendered Homeless After Decriminalisation of Beggary(28.01.2019)

Delhi High Court has come to the rescue of leprosy patients who had been eased out of government-run shelter homes due to de-criminalisation of beggin.....

Tags : Delhi High Court, Leprosy Patients, Decriminalisation of Beggary

read»



Exoneration in Departmental Proceedings Won't Lead to Dropping of Criminal Charges: Patna HC(04.02.2019)

Patna High Court has reiterated that exoneration in departmental proceedings ipso facto would not result into quashing of criminal prosecution against.....

Tags : Madras High Court, Departmental Proceedings, Dropping of Criminal Charges

read»



SC Sets Aside Judgment Directing Delhi Police to Consider Candidates Despite Criminal Cases(26.08.2021)

Supreme Court has set aside a Delhi High Court judgment which had directed the Delhi Police to consider certain candidates for police constable select.....

Tags : Supreme Court, Consider Candidates Despite Criminal Cases

read»



Allahabad HC: Seeking Transfer of Criminal Trial at Drop of Hat Not Recognized by Court(27.08.2021)

Allahabad High Court has observed that seeking of the transfer of criminal trial at the drop of a hat is not recognized by the Courts or by any tenent.....

Tags : Allahabad High Court, Transfer of Criminal Trial

read»



SC: Bail Conditions Should be Proportionate(26.07.2022)

Supreme Court has held that the bail conditions imposed by the Courts, apart from bearing a nexus with the purpose of imposing them, ought to be propo.....

Tags : Supreme Court, Bail Condition, Criminal Justice, Liberty

read»



Delhi HC: It's For CM to Consider Whether to Allow Persons With Criminal Background to be a Minister(28.07.2022)

Delhi High Court has held that it is for Chief Minister (CM) to act in the best interest of the State and consider if a person who has criminal backgr.....

Tags : Delhi High Court, Chief Minister, Criminal Background

read»



Bombay HC to State: Furnish Details of Steps Taken to Improve System of Criminal Administration(12.09.2016)

Bombay HC has directed State Government to furnish details of steps it is taking to tackle the problems of overcrowding in jails and of assigning esco.....

Tags : Bombay HC , Criminal Administration

read»



Supreme Court: Entire Prosecution Story Shouldn’t be Doubted for Certain Embellishments(30.08.2018)

Supreme Court has observed that merely because there are certain exaggerations, improvements and embellishments, the entire prosecution story should n.....

Tags : Supreme Court, Criminal

read»



Allahabad HC Lays Down Procedure for Enquiry into Criminal Antecedents of Candidate(06.04.2021)

Allahabad High Court has laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate f.....

Tags : Allahabad High Court, Enquiry into Criminal Antecedents of Candidate

read»



Delhi HC Refuses to Quash Criminal Defamation Case Against Arun Purie And Others(08.04.2021)

Delhi High Court has dismissed a petition filed by former India Today Editor-in -Chief Arun Purie and others seeking to quash a defamation complaint l.....

Tags : Delhi High Court, Criminal Defamation Case Against Arun Purie

read»



SC: Mere Dispute on Monetary Demand Doesn’t Attract Offence of Criminal Breach of Trust(04.01.2023)

Supreme Court has held that even if complainant is of opinion that monetary demand or claim is incorrect and not payable, an offence under section 405.....

Tags : Supreme Court, Criminal Breach of Trust, Monetary Demand

read»



Del HC: Can File for Pre-Arrest Bail in FIR U/S 376(3) IPC if Incident Happened Prior to 2018(11.01.2023)

Delhi High Court has held that there is no bar to file anticipatory bail under section 438(4) of CrPC in FIR registered under Section 376(3) of Indian.....

Tags : Delhi High Court, Anticipatory Bail, Criminal Law (Amendment) Act

read»



Karnataka HC Orders Director of Prosecution to Furnish Details of Pending Criminal Cases(14.08.2015)

Karnataka High Court after learning about delay in framing charges in Carlton Towers fire incident during hearing of criminal petition, ordered direc.....

Tags : Karnataka High Court ,Details of Criminal Cases Pending for

read»



Punjab and Haryana HC: Calling to Police Station Does Not Amount to Defamation(08.08.2016)

Punjab and Haryana HC has held that merely being called to the police station in relation to a complaint does not amount to criminal defamation.

Tags : Punjab and Haryana HC , criminal defamation

read»



Allahabad High Court: No Prosecution Against Doctors for Failing to Deliver on Assurance(01.06.2017)

Allahabad High Court has held that a doctor cannot be prosecuted for criminal negligence merely because he/she failed to deliver on assurances given t.....

Tags : Allahabad High Court, criminal negligence

read»



SC: Criminal Case Cannot be Transferred Merely Because Party Doesn’t Understand Language(13.05.2021)

Supreme Court has held that a criminal case cannot be transferred under Section 406 of the Code of Criminal Procedure, 1973 merely because the party d.....

Tags : Supreme Court, Transfer of Criminal Case

read»



Kerala High Court Stays Criminal Defamation Case Against Shashi Tharoor(13.05.2021)

Kerala High Court has allowed a stay on all proceedings relating to the defamation complaint against Dr Shashi Tharoor for purportedly making unwarran.....

Tags : Kerala High Court, Criminal Defamation Case

read»



Allahabad HC: Magistrate Has Obligation To Ensure Fair Probe After Passing Order U/S 156 (3) CrPC(08.03.2022)

Allahabad High Court has held that the Magistrate cannot wash his hands of the case after passing an order under Section 156 (3) Cr.P.C and that it is.....

Tags : Allahabad High Court, Section 156(3), Criminal Procedure Code, 1973, Monitoring Investigation

read»



SC Recalls Order Holding BJP Guilty of Contempt for Not Disclosing Criminal Antecedent of Candidates(28.02.2023)

Supreme Court while recalling its 2021 order which held BJP guilty of contempt for flouting directions regarding public disclosure of criminal anteced.....

Tags : Supreme Court, Criminal Antecedent, Contempt

read»



Patna HC: High Court Empowered to Quash Vexatious Criminal Proceeding u/s 482(18.05.2017)

Patna High Court has noted that even those complaints of which the Magistrate has taken cognizance of, but are of a private and vexatious nature, can .....

Tags : Patna High Court, Vexatious Criminal Proceeding

read»



Supreme Court: Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters(14.05.2019)

Supreme Court has observed while setting aside a High Court order in a Section 482 CrPC petition that an application for review or modification could .....

Tags : Supreme Court, Criminal

read»



Kerala HC Stays Criminal Proceedings Against Children Below 7 Yrs of Age, Accused of Rape(11.05.2020)

Kerala High Court has stayed all the criminal proceedings and has directed the concerned authorities to forthwith put the case where three children, b.....

Tags : Kerala High Court, Criminal Proceedings Against Children

read»



J&K&L HC: Extreme Injustice to Parties if Despite Settlement, Criminal Proceedings Allowed to Continu(21.03.2022)

Jammu and Kashmir and Ladakh High Court has observed that it would amount to extreme injustice if despite settlement having been arrived at by the par.....

Tags : Jammu and Kashmir and Ladakh High Court, Criminal Proceedings, Settlement

read»



SC: Suppression of Information of Criminal Case Can be Ignored in Certain Conditions(22.03.2022)

Supreme Court has held that suppression of information relating to a criminal case by a candidate can be ignored in certain situations. The Court has .....

Tags : Supreme Court, Suppression of Information of Criminal Case

read»



Delhi HC Directs Filmmaker Vivek Agnihotri To Remain Present In Court On April 10 in 2018 Case(17.03.2023)

Delhi High Court has directed filmmaker Vivek Agnihotri to remain present before it on April 10 in the 2018 suo motu criminal contempt proceedings ini.....

Tags : Delhi High Court, Vivek Agnihotri, criminal contempt

read»



SC: Court Hearing First Appeal in Criminal Matter Required to Form Its Own Opinion(21.10.2020)

Supreme Court has reiterated that the Court hearing First Appeal in criminal matters required to form its opinion on the basis of the evidence on reco.....

Tags : Supreme Court, Court Hearing First Appeal in Criminal Matter

read»



Allahabad HC: Parliament has Responsibility to Restrain Criminals from Entering Into Politics(05.07.2022)

Allahabad High Court has held that it is the responsibility of the Parliament to show its collective will to restrain the criminals from entering into.....

Tags : Allahabad High Court, Restrain Criminals, Democracy

read»



Kar. HC: Criminal Trespass Complaint Can't be Made if Property is Not in Possession of Complainant(13.07.2022)

Karnataka High Court has held that a complaint of criminal trespass cannot be made if the property on which the accused is alleged to have trespassed .....

Tags : Karnataka High Court, Criminal Trespass, Possession

read»



All. HC: Can’t Cancel Arms License on Mere Pendency of Criminal Case(20.07.2023)

Allahabad High Court has held that mere pendency of criminal case or apprehension that person may be involved in criminal case in future can’t be a gr.....

Tags : Allahabad High Court, Arms License, Cancellation, Criminal Case

read»



JKL HC: Juvenile Justice Board has all the Trappings of a Criminal Court(24.07.2023)

Jammu & Kashmir High Court has held that Juvenile Justice Board has all the trappings of a Criminal Court, and therefore proceedings pending before th.....

Tags : Jammu & Kashmir High Court, Juvenile Justice Board, Passport Act, Criminal Court

read»



JKL HC: S.482 CrPC Cannot be Invoked to Challenge Proceedings Initiated U/S 12 J&K DV Act(25.07.2023)

Jammu & Kashmir & Ladakh HC has held that Section 482 of Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under.....

Tags : Jammu & Kashmir & Ladakh HC, Code of Criminal Procedure, Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010

read»



SC: Period Undergone By a Convict While In Detention as Under Trial Could Be Set Off(09.11.2017)

Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail s.....

Tags : Supreme Court, Code of Criminal Procedure

read»



Psychological Evaluation of Criminal to be Done Before Awarding Death Sentence: SC(30.11.2018)

Supreme Court has held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess probabili.....

Tags : Supreme Court, Psychological Evaluation of Criminal, Death Sentence

read»



SC: Amendment in Criminal Laws Beneficial to Accused Can Be Applied in Pending/Earlier Cases(04.11.2019)

Supreme Court has observed that if the amendment in a criminal law is beneficial to the accused persons, it could be applied with respect to earlier c.....

Tags : Supreme Court, Amendment in criminal law

read»



Allahabad HC Issues Criminal Contempt Notice to Lawyer Who Misbehaved with a Civil Judge(19.11.2020)

Allahabad High Court has issued a notice of Criminal Contempt to a Lawyer against whom, a complaint was made by Varnika Shukla, Civil Judge (Junior Di.....

Tags : Allahabad High Court, Criminal Contempt Notice

read»



Supreme Court Extends Stay on Criminal Proceedings Against Azim Premji & Wife(06.10.2021)

Supreme Court has extended the interim order of stay on the criminal proceedings before the court of an Additional City Civil and Sessions Court, Beng.....

Tags : Supreme Court, Criminal Proceedings Against Azim Premji

read»



SC: Criminal Antecedents Can’t be Sole Consideration to Decline Relief U/S 482 CrPC(11.08.2023)

Supreme Court has observed that the Court should not decline to relief under Section 482 CrPC on the ground that the accused is a history sheeter, if .....

Tags : Supreme Court, Criminal Antecedents, Section 482 CrPC

read»



Punjab & Haryana HC Asks Amarinder to Devise Ways to Improve Criminal Trials(06.07.2018)

Punjab and Haryana High Court has asked Chief Minister Amarinder Singh to examine and devise ways to strengthen the prosecution of criminal cases.

Tags : Punjab and Haryana High Court, Criminal Trials

read»



SC Issues Notice in Plea Against Alleged Failure to Publish Criminal Antecedents of Candidates(15.02.2021)

Supreme Court has issued notice to the Chief Election Commissioner and leaders of prominent political parties in a contempt petition filed for alleged.....

Tags : Supreme Court, Criminal Antecedents of Candidates

read»



Delhi Court Acquits Priya Ramani in MJ Akbar's Criminal Defamation Case(18.02.2021)

Delhi Court has acquitted journalist Priya Ramani in the criminal defamation case filed by former Union Minister MJ Akbar over the "metoo" sexual hara.....

Tags : Delhi Court, Priya Ramani, MJ Akbar's Criminal Defamation Case

read»



Delhi HC Stays Trial Court Proceedings Summoning Four BJP Leaders in Criminal Defamation Case(08.12.2021)

Delhi High Court has stayed the trial court proceedings as well as the order which had summoned four BJP leaders including its Delhi Unit President Ad.....

Tags : Delhi High Court, Criminal Defamation Case

read»



Ker HC: Proliferation of Crime in Election Process Could Garner Momentum to Cripple Indian Democracy(04.10.2023)

Kerala High Court has held that if persons with criminal antecedents are permitted to continue as Members of Parliament/Legislatures even after convic.....

Tags : Kerala High Court, Criminal Antecedents, Members of Parliament/Legislatures

read»



Ker. HC: Criminal Practice Rules not in consonance with Technological Advancements of Present Times(04.10.2023)

Kerala High Court has observed that Rule 184 of Criminal Rules of Practice, 1982 ought to be amended and provision should also be made for digitizing .....

Tags : Kerala High Court, Criminal Practice Rules, Technological Advancements

read»



Madras High Court: Pendency of Criminal Cases No Bar for Re-issuance of Passport(02.03.2017)

Madras High Court has directed Regional Passport Officer to process actress Khushboo’s application for reissue of passport in her favour.

Tags : Madras High Court, Criminal Cases, Passport

read»



Stay of Proceedings in Trial, Civil or Criminal, to Automatically Lapse in Six Months: Supreme Court(29.03.2018)

Supreme Court has held that stay of proceedings in a pending trial, whether civil or criminal, will automatically lapse after six months unless extend.....

Tags : Supreme Court, Trial, Civil, Criminal

read»



Calcutta HC: 'Sting Operation' in Public Interest Does Not Extinguish Criminal Liability(29.01.2020)

Calcutta High Court has held that indulgence in 'sting operation' purportedly in public interest does not extinguish the criminal liability of an indi.....

Tags : Calcutta High Court, Sting Operation, Criminal Liability

read»



SC Issues Notice in Clubbing and Transferring of Criminal Proceedings Against Creators of ‘Tandav’(28.01.2021)

Supreme Court has issued notices on a plea filed by the Director, Producer, Writer and Actor of the web series Tandav seeking for clubbing and transfe.....

Tags : Supreme Court, Criminal Proceedings Against Creators of ‘Tandav’

read»



Gujarat HC Quashes Criminal Proceedings Against Hardik Patel for Taking Out Public Rally(06.12.2021)

Gujarat High Court has quashed the complaint and the charge sheet against Congress leader Hardik Patel in connection with a rally which he took out in.....

Tags : Gujarat High Court, Criminal Proceedings Against Hardik Patel

read»



SC: High Courts Must Quash Vexatious Criminal Prosecutions(30.11.2023)

Supreme Court has observed that protection against vexatious and unwanted prosecution either through quashing an FIR/Complaint or by allowing an appea.....

Tags : Supreme Court, Criminal Prosecutions, Vexatious, Quash

read»



Domestic Inquiry During Pending Criminal Trial Not Contempt: SC(09.04.2019)

Supreme Court, while upholding termination of a teacher accused of harassing girl students in a Private school, has observed that departmental procee.....

Tags : Supreme Court, Domestic Inquiry, Criminal Trial

read»



PNB Scam to be Heard by One Court Designated Under Both PMLA and PC Act: Bombay HC(12.04.2019)

Bombay High Court has ruled that one court designated under both Prevention of Money Laundering Act (PMLA) and Prevention of Corruption Act (PC) will .....

Tags : Bombay High Court, Criminal, PNB Scam

read»



SC Refuses to Entertain PIL Seeking Guidelines for Registration of Sedition Criminal Cases(06.03.2020)

Supreme Court has refused to entertain a Public Interest Litigation petition, which sought guidelines for registration of criminal cases for sedition .....

Tags : Supreme Court, Registration of Sedition Criminal Cases

read»



Allahabad High Court Directs Disclosure of Criminal History of Citizens on Public Domain(27.12.2021)

Allahabad High Court has asked the Director-General of Police, Uttar Pradesh Police to disclose the details of the website/platform from where informa.....

Tags : Allahabad High Court, Disclosure of Criminal History of Citizens

read»



Bombay HC Makes E-Filing Mandatory for Criminal, Arbitration and Civil Contempt Cases(02.01.2023)

Bombay High Court has made e-filing of new criminal cases, arbitration petitions and civil contempt petitions mandatory from January 9, 2023. E-filing.....

Tags : Bombay High Court, E-Filing, Criminal, Arbitration, Civil Contempt

read»



Water (Prevention and Control of Pollution) Amendment Bill, 2024 Gets Cleared by Parliament(09.02.2024)

Parliament on 08.02.2024 passed the Water (Prevention and Control of Pollution) Amendment Bill, 2024 which amends that Water (Prevention and Control o.....

Tags : Water Pollution, Parliament, Decriminalizing, Penalties

read»



Supreme Court: Court Cannot Ignore Investigative Deficiencies Which Goes to Root of Matter(23.08.2018)

Supreme Court, while observing that every acquittal in a criminal case has to be taken with some seriousness by the investigating and prosecuting auth.....

Tags : Supreme Court, Criminal

read»



Delhi HC Suggests Digital Recording of Witness Statements in Addition to Existing Mechanism(27.08.2018)

Delhi High Court has issued notice to Centre and Delhi Government, while suggesting digital recording of witness statements and effecting recovery by .....

Tags : Delhi High Court, Criminal Trial

read»



Karnataka HC: Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance(28.01.2022)

Karnataka High Court has observed that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticip.....

Tags : Karnataka High Court, Section 438 Criminal Procedure Code

read»



Kar HC: All Criminal Proceedings to be Disclosed in Nomination Form(17.01.2024)

Karnataka High Court has held that while filing an election nomination form by a candidate, all the details related to the criminal proceedings irresp.....

Tags : Karnataka High Court, Election Nomination, Criminal Proceedings

read»



All. HC: Criminal Proceedings Also Disclosing Civil Dispute Between Parties Not Liable to be Quashed(19.01.2024)

Allahabad High Court has held that the mere fact that allegations in criminal proceedings also make out the existence of civil dispute between the par.....

Tags : Allahabad High Court, Criminal Proceedings, Civil Dispute

read»



Ker. HC: Dishonest Intention Essence of Criminal Misconduct Under Prevention of Corruption Act(22.01.2024)

Kerala High Court has held that dishonest intention is sine qua non to attract the offence punishable under Section 13(1)(d) of the PC Act. Mere condu.....

Tags : Kerala High Court, Dishonest Intention, Criminal Misconduct, Section 13(1)(d) PC Act

read»



JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

read»



JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

read»



Rajasthan HC: Prosecution Not Required to Seek Corroboration Where Ocular Testimony is Convincing(21.04.2022)

Rajasthan High Court has held that it is a well settled principle of criminal jurisprudence that in a case of murder, where ocular testimony is credib.....

Tags : Rajasthan High Court, criminal jurisprudence, ocular testimony, corroboration

read»



Delhi HC: Criminal Justice Machinery Should Not be Kept in Limbo(22.04.2022)

Delhi High Court has ruled that the criminal justice machinery shall not be kept in limbo and that the proceedings cannot remain stayed before the Tri.....

Tags : Delhi High Court, criminal justice machinery, Trial Court

read»



Bom. HC Quashes Criminal Intimidation Complaint Against Actor Salman Khan(30.03.2023)

Bombay High Court has quashed criminal intimidation complaint against actor Salman Khan filed by a journalist in 2019.

Tags : Bombay High Court, Criminal Intimidation, Salman Khan

read»



Delhi High Court: Victim Cannot Seek Right to be Impleaded in Criminal Revision(27.05.2024)

Delhi High Court has observed that the victim/complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a.....

Tags : Delhi High Court, Criminal Revision, Revision Proceedings

read»



Allahabad HC: HC Can Nullify Order of Conviction in Criminal Revision in Cheque Bounce Case(16.08.2021)

Allahabad High Court has held that High Court can nullify an order of conviction passed by it in a Criminal Revision in a Cheque bouncing case, by usi.....

Tags : Allahabad High Court, Order of Conviction in Criminal Revision in Cheque Bounce Case

read»



Rajasthan HC: High Court Not Bound to Invite Bar's Views While Deciding Criminal Reference(01.07.2022)

Rajasthan High Court has held that Section 395 of CrPC, which makes provision for criminal reference, does not obligate the court to invite the views .....

Tags : Rajasthan High Court, Criminal Reference, Bar Members

read»



Ker. HC: If Teacher is Convicted on Cr. Charge, Aided School Not Bound by Procedure for Dismissal(16.05.2023)

Kerala High Court has held that if a teacher in an aided school is convicted for a criminal charge, the school is not bound to follow the procedure of.....

Tags : Kerala High Court, Criminal Charge, Kerala Education Rules, Teacher, Dismissal

read»



SC: Unexplained Inordinate Delay Crucial Factor to Quash Complaint(19.05.2023)

Supreme Court while quashing criminal case against President and Vice President of International Society for Krishna Consciousness (ISKCON) has held t.....

Tags : Supreme Court, Quashing, Criminal Complaint

read»



7 Member Committee Constituted by WB Government to Review Newly Implemented Criminal Laws(18.07.2024)

West Bengal Government has constituted a seven member committee to review the newly implemented criminal laws to determine whether there is a requirem.....

Tags : WB Government, Seven Member Committee, Criminal Laws

read»



J&K HC: Dispute Involving Elements of Criminality Not Automatically Excluded from Arbitration(18.07.2024)

Jammu and Kashmir High Court has held that a dispute that is predominantly civil in nature but has certain elements of criminality, shall not automati.....

Tags : J&K High Court, Elements of Criminality, Arbitration

read»



SC to HCs: Set-up Special Centres For Examination of Vulnerable Witnesses in Criminal Cases(30.10.2017)

Supreme Court has directed High Courts to set up special centres for examination of vulnerable witnesses in criminal cases.

Tags : Supreme Court, Criminal Cases

read»



Karnataka HC: Allegations in Matrimonial Case Can Lead to Criminal Defamation(13.10.2020)

Karnataka High Court has convicted a woman under section 500 of Indian Penal Code, 1860 on the finding that the statements made by her against her hus.....

Tags : Karnataka High Court, Criminal Defamation

read»



Gauhati HC: Concept of Post Investigation FIR is Alien to Principles of Criminal Jurisprudence(19.06.2023)

Gauhati High Court while rapping Assam police for creating a post-investigation FIR in a murder case, has observed that such a procedure is totally al.....

Tags : Gauhati High Court, Post Investigation, FIR, Criminal Jurisprudence

read»



Kar. HC: Exoneration in Departmental Enquiry Will Not Come in Way of Criminal Trial Against a Person(30.07.2024)

Karnataka High Court has held that if an employee accused of accepting and demanding bride is exonerated in a departmental enquiry, it shall not come .....

Tags : Karnataka High Court, Departmental Enquiry, Criminal Trial

read»



Del. HC: SCRB & NIC Directed to Finalize Technical Solution to Sync ICJS System With Police Database(01.08.2024)

Delhi High Court has directed State Crime Record Bureau (SCRB) and National Informatics Centre (NIC) to finalize the technical solution to sync the In.....

Tags : Delhi High Court, Crime Record Bureau, Criminal Justice System

read»



SC: Delhi High Court Criticized for Rules on “Practice in the Trial of Criminal Cases”(02.08.2024)

Supreme Court has criticized Delhi High Court for rules on practice in the trial of criminal cases and observed that teaching judges, guiding them in .....

Tags : Supreme Court, Delhi High Court, Criminal Cases

read»



Patna HC: Disciplinary Authority Can’t Rely on Documents Furnished in Parallel Criminal Proceedings(22.08.2022)

Patna High Court has held that a disciplinary authority cannot rely on extraneous documents, such as those furnished during parallel criminal proceedi.....

Tags : Patna High Court, Disciplinary Authority, Parallel Criminal Proceedings

read»



SC: Physical Manifestation of Agreement is Required to Attract Offence of Criminal Conspiracy(26.08.2022)

Supreme Court has held that some kind of physical manifestation of agreement to commit an offence is required to attract the offence of Criminal Consp.....

Tags : Supreme Court, Agreement, Criminal Conspiracy

read»



SC: Can’t Prosecute Directors to DBS Bank for Acts of Lakshmi Vilas Bank Before Amalgamation(12.09.2023)

Supreme Court has held that DBS Bank and its directors cannot be held criminally liable for actions attributed to directors of Lakshmi Vilas Bank befo.....

Tags : Supreme Court, DBS Bank, Lakshmi Vilas Bank, Amalgamation, Criminal Liability

read»



JH. HC: Criminal Liability Can’t be Levied in Every Case of Breach of Contract(20.09.2023)

Jharkhand High Court has held that criminality cannot be fastened upon the accused persons on mere breach of contract in every case, and parties shoul.....

Tags : Jharkhand High Court, Breach of Contract, Criminal Liability

read»



Supreme Court: Judge Can’t Close Criminal Case by Simply Recording Its End Results(09.01.2017)

Supreme Court, while maintaining that accused are “not lone receivers of justice” and that victims of a crime must be treated equally, has ruled that .....

Tags : Supreme Court, criminal case, justice, accused, victim

read»



Supreme Court Seeks High Courts' Response on 'Draft Rules of Criminal Practice'(28.10.2020)

Supreme Court has during the suo moto proceedings related to inadequacies and inefficiencies in the criminal trial system, sought the response of all .....

Tags : Supreme Court, 'Draft Rules of Criminal Practice'

read»



Gujarat HC Quashes Order Rejecting Application for Criminal Defamation Against Rahul Gandhi(19.08.2021)

Gujarat High Court has quashed an order of the Surat Court rejecting the application filed by BJP MLA Purnesh Modi to examine 4 additional in a crimin.....

Tags : Gujarat High Court, Application for Criminal Defamation Against Rahul Gandhi

read»



SC: Criminal Proceedings Cannot be Quashed on The Basis of Stay Granted by CESTAT(22.06.2022)

Supreme Court has held that the criminal proceedings cannot be quashed on the basis of the fact that stay of demand was granted by the Customs Excise .....

Tags : Supreme Court, Criminal Proceeding, Stay of Demand

read»



HP HC: Extension of Parole Can't be Sought from High Court U/S 482 CrPC(24.06.2022)

Himachal Pradesh High Court has held that a convict cannot be granted extension of parole while exercising jurisdiction under Section 482 of Code of C.....

Tags : Himachal Pradesh High Court, Parole, Code of Criminal Procedure

read»



Kerala HC: Criminal Courts of District Judiciary Cannot Recall their Earlier Orders(25.10.2024)

Kerala High Court has held that it is explicit that the criminal courts of the District Judiciary cannot recall their earlier orders. An illegal order.....

Tags : Kerala High Court, District Judiciary, Criminal Courts

read»



J&K&L HC: Expert Opinion Necessary to Set Criminal Law Into Motion Against Medical Professionals(05.09.2022)

Jammu and Kashmir and Ladakh High Court has held that court should obtain opinion of the medical expert and if from such opinion, a prima facie case o.....

Tags : Jammu and Kashmir and Ladakh High Court, Criminal Negligence, Medical Professional

read»



Karnataka HC Stays Govt Order Dropping Criminal Prosecution in 61 Cases Against Elected Representativ(21.12.2020)

Karnataka High Court has stayed the government order dated 31st August, 2020 by which it had decided to drop criminal prosecution in 61 cases against .....

Tags : Karnataka High Court, Criminal Prosecution Against Elected Representatives

read»



SC: Non Compoundable Criminal Cases of Predominantly Private Nature Can Be Quashed U/s 482 CrPC(30.09.2021)

Supreme Court has observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 of the Code of Crimin.....

Tags : Supreme Court, 'Non Compoundable' Criminal Cases of Predominantly Private Nature

read»



SC to Centre: Provide Response on PIL to Decriminalise Consensual Sex Between 16-18 Year Olds(21.08.2023)

Supreme Court has sought response from the Centre on seeking a direction to decriminalise consensual sexual acts of 16 to 18 year old adolescents. The.....

Tags : Supreme Court, Consensual Sex, Decriminalise, Adolescents

read»



Ker. HC: Every Mentally Diseased Person is Not Ipso Facto Exempted from Criminal Responsibility(21.08.2023)

Kerala High Court while observing that every mentally diseased person is not ‘Ipso Facto’ exempted from criminal responsibility, has held that mere ab.....

Tags : Kerala High Court, Mentally Diseased, Criminal Responsibility, Insanity

read»



Bombay HC Upholds Rejection of Candidature for Post at BARC Citing Criminal Antecedents(19.09.2022)

Bombay High Court while upholding cancellation of man's candidature for post at Bhabha Atomic Research Centre (BARC) for non-disclosure of criminal ca.....

Tags : Bombay High Court, BARC, Criminal Antecedents

read»



Criminal Defamation Case: Madras High Court Orders Release Of Filmmaker Leena Manimekalai's Passport(18.11.2021)

Madras High Court has observed that the passport of filmmaker Leena Manimekalai could not have been impounded merely on the basis of a criminal defama.....

Tags : Madras HC, Criminal Defamation, Leena Manimekalai

read»



Allahabad HC Initiates Criminal Contempt Proceedings Against Litigants for Filing Forged Documents(30.09.2022)

Allahabad High Court has initiated suo moto criminal contempt proceedings against two litigants for filing forged documents before the high court and .....

Tags : Allahabad High Court, Criminal Contempt, Forged Documents

read»



Kar. HC: Bank Can Initiate Criminal Action if A/C Declared Fraud, Even After Invoking SARFAESI Act(04.10.2022)

Karnataka High Court has held that Central Bureau of Investigation (CBI) can investigate complaint registered by a bank against company and its direct.....

Tags : Karnataka High Court, SARFAESI, Criminal Action

read»



Kerala HC: Mistake by Court Staff Not Sufficient Ground to Non-Suit Party(04.10.2022)

Kerala High Court has held that non-compliance of the Kerala Criminal Rules of Practice by the court staff would not be sufficient ground to non-suit .....

Tags : Kerala High Court, Kerala Criminal Rules, Non-Compliance

read»



SC Dismisses Plea Seeking to De-Register Parties for Not Publishing Candidates' Criminal Antecedents(11.10.2022)

Supreme Court has dismissed writ petition seeking directions to the Election Commission of India to de-register political parties which fail to publis.....

Tags : Supreme Court, Political Parties, Criminal Antecedents

read»



Calcutta HC Allows Congress MLA Facing Criminal Charges to Fly Abroad to Pursue PhD(11.01.2017)

Calcutta High Court has granted permission to Santipur's Congress MLA Arindam Bhattacharya, who is facing several charges including rioting, to pursue.....

Tags : Calcutta High Court, Arindam Bhattacharya, Criminal Charges, PhD

read»



Supreme Court Turns Down PIL on Fielding of Candidates with Criminal Records(22.01.2019)

Supreme Court has refused to entertain a plea seeking a direction to the Election Commission to restrain political parties from fielding candidates wi.....

Tags : Supreme Court, Candidates with criminal record

read»



Kar. HC Stays Proceedings Against Advocates Accused of Obstructing Policeman, Snatching His Phone(06.12.2023)

Karnataka HC has stayed criminal proceedings initiated against four advocates of Chikkamangaluru Bar Association who allegedly stopped police officer .....

Tags : Karnataka HC, Chikkamangaluru Bar Association, criminal proceeding

read»



Del HC: No Room for One who Conceals Facts About Criminal Antecedents to Seek Employment in Defence(14.12.2023)

Delhi High Court while observing that there has to be strict obedience towards disclosure about criminal antecedents by anyone seeking employment in d.....

Tags : Delhi High Court, Defence, Employment, Criminal Antecedents

read»



Del HC: No Room for One Who Conceals Facts About Criminal Antecedents to Seek Employment in Defence(14.12.2023)

Delhi High Court while observing that there has to be strict obedience towards disclosure about criminal antecedents by anyone seeking employment in d.....

Tags : Delhi High Court, Defence, Employment, Criminal Antecedents

read»



Madras HC: Media Must be Enlightened With Regards to Limitations on Freedom of Speech & Expressions(08.06.2023)

Madras High Court while making observation about media trial in criminal cases stated that the real need of the hour is to educate and enlighten media.....

Tags : Madras High Court, Freedom of Speech & Expressions, Media Trial, Criminal Cases

read»



WB Govt. Passes 'Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024'(04.09.2024)

West Bengal Government has passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 that seeks to amend the prescribed pu.....

Tags : WB Government, Sexual Offences, Criminal Laws

read»



Supreme Court: No Professional is Immune from Being Prosecuted for His/Her Criminal Misdeeds(23.09.2024)

SC has stated that every Advocate putting his signatures on Vakalatnamas & documents to be filed in Courts is presumed to have filed proceedings and p.....

Tags : Supreme Court, Criminal Misdeeds, Vakalatnamas

read»



SC: Criminal Cases Having Civil Character Should be Quashed When Parties Resolved Disputes(04.10.2024)

SC has stated that criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions o.....

Tags : Supreme Court, Civil Character, Criminal Cases

read»



Mad. HC: Can Attach Properties Purchased Prior to Offence if Criminal Activity Held Outside Country(04.10.2024)

Madras High Court has observed that in respect of properties purchased prior to scheduled offence under the Prevention of Money Laundering Act, 2002 s.....

Tags : Madras High Court, Criminal Activity, PMLA

read»



Supreme Court: Petition Against 2013 Judgment Infructuous Since Homosexuality Decriminalised(09.02.2024)

Supreme Court has held that the curative petition filed against the judgement of 2013 which upheld Section 377 of the Indian Penal Code, 1860 that cri.....

Tags : Supreme Court, Curative Petition, Homosexuality, Decriminalised

read»



MP HC: Contempt Notice Served by Husband’s Father, Lawyer at Wife’s House Not Criminal Trespass(14.02.2024)

MP HC has held that father-in-law serving the notice directly at the house of the daughter-in-law can’t be said to have been tainted with any mala fid.....

Tags : Madhya Pradesh High Court, Contempt Notice, Criminal Trespass

read»



Supreme Court: ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal Courts(31.07.2018)

Supreme Court has observed that a Criminal Court including High Court cannot recall an earlier order invoking Section 362 of the Code of Criminal Proc.....

Tags : Supreme Court, Criminal Courts

read»



Lok Sabha Passes Bill to Provide Death to Child Rape Convicts(31.07.2018)

Lok Sabha has passed the Criminal Law Amendment Bill, clearing the way to award death penalty to convicts of child rapes in the country.

Tags : Lok Sabha , Criminal Law, Amendment

read»



Kerala High Court: Immovable Property Can Constitute Essence of Offence of Criminal Breach Of Trust(07.06.2019)

Kerala High Court has observed “In order to establish "entrustment or dominion" over property to an accused person the mere existence of that person's.....

Tags : Kerala High Court, Criminal Breach of Trust

read»



Centre Notifies Date for Enforcement of Criminal Laws Replacing IPC, CrPC, Evidence Act(26.02.2024)

Central Government has notified that the three criminal laws Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adh.....

Tags : Enforcement, Criminal Laws, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya Adhiniyam

read»



SC: HC Cannot Quash Criminal Proceedings on Basis of its Assessment of Statements u/s 161 CrPC(12.02.2020)

Supreme Court has held that criminal proceedings cannot be quashed on the basis of statements recorded before Police officials in terms of Section 161.....

Tags : Supreme Court, Criminal Proceeding on Basis of Statements u/s 161 CrPC

read»



SC Directs Political Parties to Publish Criminal Antecedents of Candidates in LS & Assembly Polls(13.02.2020)

Supreme Court has directed that all political parties have to publish the details of criminal antecedents of their candidates in the Lok Sabha and Ass.....

Tags : Supreme Court, Political Parties, Candidates with Criminal Background

read»



Supreme Court: Court to Appoint Amicus Curiae if Accused Unrepresented(13.02.2020)

Supreme Court has reiterated that when an accused is unrepresented before a Court, it has to either appoint Amicus curiae or to refer the matter to th.....

Tags : Supreme Court, Political Parties, Candidates with Criminal Background

read»



Supreme Court: Efforts to Settle Civil Disputes Through Criminal Prosecution Must be Avoided(23.01.2024)

SC while observing that mere breach of contract doesn’t amount to an offence u/s 420 or 406 of IPC unless dishonest intention is shown, has held that .....

Tags : Supreme Court, Civil Disputes, Criminal Prosecution

read»



Allahabad HC to State: Ensure Criminal History of Accused is Available at One Stroke(14.12.2022)

Allahabad High Court has directed State's Principal Secretary Home and DGP to take necessary steps so that criminal history of an accused is available.....

Tags : Allahabad High Court, Criminal History, DGP

read»



SC: HC Doesn’t Have Power to Direct Investigation to be Conducted in Particular Manner(14.12.2022)

Supreme Court has held that High Court does not have power under Articles 226 of Constitution of India or Section 482 of Code of Criminal Procedure to.....

Tags : Supreme Court, Investigation, Code of Criminal Procedure

read»



SC: Unexplained Inordinate Delay Can be a Crucial Factor for Quashing Criminal Complaint(19.12.2022)

Supreme Court while observing that law is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, h.....

Tags : Supreme Court, Inordinate Delay, Criminal Complaint, Quashing

read»



Mad. HC: Providing Police Protection to Person With Criminal Background Would Send Wrong Signals(03.04.2024)

Mad. HC has held that if the Court directs to give police protection to persons with criminal background, it will send a wrong signal to society and a.....

Tags : Madras High Court, Criminal Background, Police Protection

read»



Madras High Court Directs State to Expedite Probe and Trials in Criminal Cases Against MP, MLAs(03.04.2024)

Madras High Court has directed the State to speed up the probe and trials in criminal cases against Members of Parliament (MP) and Members of Legislat.....

Tags : Madras High Court, Members of Legislative Assembly, Members of Parliament, Criminal Cases

read»



Delhi High Court: Prioritize Criminal Cases and Appeals Against MPs and MLAs(04.04.2024)

Delhi High Court has passed an order asking its Judges to prioritize criminal cases and appeals that have been filed against Members of Parliament (MP.....

Tags : Delhi High Court, Criminal Cases, Members of Parliament, Members of Legislative Assembly

read»



SC: Civil Proc. Outcome Binding on Criminal Proc. to Extent of Making Sentence/Damages Unsustainable(05.04.2024)

Supreme Court has observed that the outcome of a civil proceeding shall only be binding on the outcome of a criminal proceeding to the extent of holdi.....

Tags : Supreme Court, Civil Proceeding, Criminal Proceeding, Unsustainable

read»



Lok Sabha Passes Criminal Procedure (Identification) Bill for Collection of Prisoners' Biometrics(05.04.2022)

Lok Sabha has passed the Criminal Procedure (Identification) Bill, 2022 which enables investigating officers to collect the biometric details of priso.....

Tags : Lok Sabha, Criminal Procedure (Identification) Bill, 2022

read»



All. HC: It’s an Obligation of Bank Officials to Fully Co-operate in Criminal Investigations(29.04.2024)

Allahabad High Court has observed that bank officials are expected to be law-abiding citizens who are under an obligation of law to cooperate in crimi.....

Tags : Allahabad High Court, Criminal Investigations, Bank Officials

read»



All. HC: Candidates with Criminal Background Will Pose Severe Threat to Democracy if Elected(29.04.2024)

All. HC has observed that persons with criminal background having a long criminal history pollute the process of election and when such persons turn i.....

Tags : Allahabad High Court, Criminal Background, Elected Representatives

read»



SC: Criminal Proceedings Which Are of Civil Nature Should be Quashed by HC Without Hesitation(13.03.2024)

Supreme Court has held that although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised spari.....

Tags : Supreme Court, Criminal Proceedings, Civil Nature

read»



Ker HC: If Accused Holds Joint Possession of Property Then No Offence of Criminal Trespass Attracted(19.03.2024)

Kerala High Court has held that in cases where there is a property in question which is held by the accused under joint possession then no offence of .....

Tags : Kerala High Court, Section 449 of IPC, Joint Possession, Criminal Trespass

read»



Mad. HC: Aim of Criminal Jurisprudence Must be ‘Reforming Teenagers’ Not Labeling Them as Criminals(20.03.2024)

Madras High Court while dealing with rash and negligent driving among youngsters, has observed that criminal jurisprudence in this area must aim at re.....

Tags : Madras High Court, Reforming Teenagers, Criminal Jurisprudence

read»



SC: Factors Deciding Term of Sentence to be Undergone by Murder Convicts Before Remis., Summarised(21.03.2024)

Supreme Court has summarized the factors to determine term of sentence to be undergone before remission could be sought by accused of murder cases. Th.....

Tags : Supreme Court, Murder Convicts, Criminal Antecedents

read»



SC: Court Can Exempt Accused from Personal Appearance Before Grant of Bail(03.05.2024)

Supreme Court has observed that power to grant exemption from personal appearance under the Code of Criminal Procedure should not be read in a restric.....

Tags : Supreme Court, Bail, Code of Criminal Procedure

read»



SC: Can’t Consider Payment of Compensation A Factor to Reduce Sentence of Convict(16.05.2024)

SC has held that in criminal proceedings courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and/or fine .....

Tags : Supreme Court, Criminal Proceedings, Imprisonment, Compensation

read»



Delhi High Court: Man Held Guilty of Criminal Contempt for Posting Video Defaming Judges(23.05.2024)

Delhi High Court has held a man guilty of criminal contempt under the Contempt of Courts Act, 1971 for posting a video on social media platform that d.....

Tags : Delhi High Court, Criminal Contempt, Social Media

read»



Allahabad HC: Absconder/ Proclaimed Offender Not Entitled to Anticipatory Bail(07.04.2022)

Allahabad High Court has refused anticipatory bail to a POCSO accused who raped a minor girl and her mother, holding that if anyone has been declared .....

Tags : Allahabad High Court, anticipatory bail, The Code Of Criminal Procedure, 1973, Section 82

read»



Karnataka HC: Charge sheet Without FSL Report Not Defective u/s 167(2) CrPC(08.04.2022)

Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default b.....

Tags : Karnataka High Court, Narcotic Drugs & Psychotropic Substances Act,1985, Section 167(2) of Code of Criminal Procedure, 1973, Forensic Science Laboratory Division, charge sheet

read»



Delhi HC: Apprehension That Accused May Flee Not Enough for Rejecting Benefit of S.445 CrPC(13.04.2022)

Delhi High Court has observed that a mere apprehension communicated by the prosecution that the accused may flee the course of justice, cannot be the .....

Tags : Delhi High Court, apprehension, Section 445 Code of Criminal Procedure, 1973, prosecution

read»



Ker. HC: Criminal Misc. Cases to be Numbered Only After Producing Witness Statements & Docs.(07.06.2024)

Kerala High Court has directed its registry to number criminal miscellaneous cases only after producing the final report along with witness’s statemen.....

Tags : Kerala High Court, Criminal Miscellaneous Cases, Witness Statements

read»



Kar. HC: If Accused Doesn’t Adhere to Settlement Under NI Act, Criminal Proc. Should be Initiated(26.06.2024)

Karnataka High Court has observed that if the accused does not adhere to the settlement between parties in a case under Section 138 of the Negotiable .....

Tags : Karnataka High Court, S. 138 of NI Act, Criminal Proceedings

read»



BCI: Bar Associations to Refrain from Protests and Agitations Against New Criminal Laws(27.06.2024)

After receiving representations from several bar associations expressing concerns about the new criminal laws, the Bar Council of India has appealed t.....

Tags : Bar Associations, Criminal Laws, Bar Council of India

read»



SC: Can’t Freeze Company’s Bank Account for Investigation Against Unrelated Party(10.05.2023)

Supreme Court while setting aside a freezing order imposed on a Foreign Institutional Investor company, has held that when appellant company is in no .....

Tags : Supreme Court, Freezing Order, Criminal Investigation

read»



Pat. HC: Service Terminated Merely on Implication of Criminal Case, Unjustified(04.07.2024)

Patna High Court has observed that terminating the services of an employee merely on the basis of implication in a criminal case, without giving the w.....

Tags : Patna High Court, Terminating Services, Criminal Case

read»



Delhi High Court: BNSS Heralds a Transformative Era in Criminal Justice(11.07.2024)

Del. HC while hearing a bail application, has held that BNSS, with its emphasis on technological integration, heralds a transformative era in criminal.....

Tags : Delhi High Court, BNSS, Transformative Era, Criminal Justice

read»



J&K HC: Dispute Involving Elements of Criminality Not Automatically Excluded from Arbitration(18.07.2024)

Jammu and Kashmir High Court has held that a dispute that is predominantly civil in nature but has certain elements of criminality, shall not automati.....

Tags : J&K High Court, Elements of Criminality, Arbitration

read»



Kerala HC: BNSS to be Applicable in all Criminal Appeals after 1st July, 2024(19.07.2024)

Kerala High Court while issuing guidelines to determine the applicability of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has observed that an app.....

Tags : Kerala High Court, BNSS, Criminal Appeals

read»



Mad. HC: Proposed Changes in Criminal Laws Could have been Brought Through Amendments(19.07.2024)

Madras High Court while listening to Public Interest Litigations (PILs) challenging the constitutionality of the three new criminal laws, has observed.....

Tags : Madras High Court, Public Interest Litigations, Criminal Laws

read»



Patna HC Stays Proceedings Against Rahul Gandhi till January 12 in Modi Surname Defamation Case(05.07.2023)

Patna High Court has stayed proceedings in a criminal defamation case against Rahul Gandhi filed by Rajya Sabha MP Sushil Kumar Modi over Rahul Gandhi.....

Tags : Patna High Court, Criminal Defamation, Rahul Gandhi, Modi Surname Case

read»



SC: Disturbing to See Trend of Projecting Civil Financial Disputes as Criminal Matters(06.07.2023)

Supreme Court has observed that despite judgments of Apex Court in the case of Priyanka Srivastava vs. State of U.P (MANU/SC/0344/2015) & Vijay Kumar .....

Tags : Supreme Court, Civil Financial Disputes, Criminal Matters, Trend

read»



Mad. HC: Can’t Grant Police Protection to Person Inviting Threat Due to His Criminal Activities(06.08.2024)

Madras High Court has held that Police protection can be given by Court only in appropriate case based on threat perception. If a person invites a sit.....

Tags : Madras High Court, Police Protection, Criminal Activities

read»



Kerala HC: No Fundamental Right for Citizen to Have Title of Laws in Language that is Familiar(21.08.2024)

Ker. HC while dismissing a PIL that challenged the Hindi names of the three new criminal laws, has observed that there is no fundamental right for a c.....

Tags : Kerala High Court, Fundamental Right, Criminal Laws

read»



SC: Principal Secretary of UP Prisons Department Slammed for Making False Statements on Oath(22.08.2024)

Supreme Court has slammed the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for making completely different.....

Tags : Supreme Court, UP Prisons Department, Criminal Contempt

read»



Ker. HC: Media Expressing Definitive Opinion Regarding Guilt/Innocence of Party Not Protected u/a 19(08.11.2024)

Ker. HC has held that the expression by media of any definitive opinion regarding guilt or innocence of a party in a Criminal investigation before an .....

Tags : Kerala High Court, Article 19, Criminal Investigation

read»



P&H HC: In Criminal Cases, Courts are Required to Not Accept Piecemeal Settlements(14.11.2024)

P&H HC has stated that to ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal .....

Tags : P&H High Court, Piecemeal Settlements, Criminal Cases

read»



Ori. HC: Wife Staying with Paramour & Not Reporting About Missing Husband is Not Criminal Conspiracy(15.11.2024)

Orissa High Court has held that a wife not trying to trace her husband, not reporting his missing status and staying with paramour will not amount to.....

Tags : Orissa High Court, Criminal Conspiracy, Section 120-B

read»



SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings(21.11.2024)

SC has stated that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consen.....

Tags : Supreme Court, Consenting Couple, Criminal Proceedings

read»



Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings(22.11.2024)

Supreme Court has reiterated that a third party having a bonafide connection with a matter can file a Special Leave Petition (SLP) under Article 136 o.....

Tags : Supreme Court, Third Party, Criminal Proceedings

read»