19 August 2019


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

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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

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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

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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

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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

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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

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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

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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

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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

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Notifications & Circulars

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

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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

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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

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News

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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International Cases

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

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‘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

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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

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Top Story

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

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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

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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

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