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Tag: Landmark Case

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Posted on March 17, 2019 by ShadesOfKnife

This is the grand old daddy judgment from Hon’ble Apex Court, which says deal with perjury first.

From Para 15, the 5-judge bench of Supreme Court held as follows,

15. As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the civil and criminal courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment.

From Para 16, reason for disposing of perjury (a criminal offence first) given,

16. Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order to give precedence to a prosecution ordered under Section 476. But in this case we are of the view that the civil suits should be stayed till the criminal proceedings have finished.

From the final Para 17, wherein the 4 ongoing Civil suits are stayed and the criminal prosecution u/s 193 IPC was allowed to go ahead.

The result is that the appeal fails and is dismissed but with no order about costs. Civil Suits Nos. 311 of 1951 to 314 of 1951, in the Court of the Subordinate Judge, Coimbatore, will be stayed till the conclusion of the prosecution under section 193, Indian Penal Code. As the plaintiffs there are parties here, there is no difficulty about making such an order.

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Equivalent citations: [1954 SCR 1229], [1954 AIR SC 397], [1954 CRILJ 1019], [1954 LW 67 625], [1954 SCR 1 1144]

Other Source links:

https://indiankanoon.org/doc/500548/

https://www.casemine.com/judgement/in/5609aaf2e4b014971140b4db


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision CrPC 340 - Dispose Perjury first IPC 193 - Punishment for false evidence Landmark Case M.S.Sheriff Vs The State of Madras and Others Perjury Under Section 340 CrPC | 1 Comment

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986

Posted on March 12, 2019 by ShadesOfKnife

This is landmark judgment which held that a/c to Article 141 of Constitution of India, all judgments of Supreme Court of India are binding on all courts in India and they are applicable to all pending proceedings even with retrospective effect.

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case Legal Procedure Explained - Interpretation of Statutes Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

Posted on January 27, 2019 by ShadesOfKnife

Hon’ble High Court of Delhi has laid down the procedure to be follow in Delhi by Police in regards to the CrPC Section 41A.

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Amandeep Singh Johar Vs State of NCT of Delhi and Anr Article 226 - Power of High Courts to issue certain writs CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 175 - Power to Summon Persons CrPC 41A - Notice of appearance before police officer CrPC 91 - Summons to produce document or other thing Landmark Case Legal Procedure Explained - Interpretation of Statutes Rules of the Act/Ordinance/Notification/Circular | Leave a comment

State Of Punjab and Anr Vs Jalour Singh and Ors on 18 January, 2008

Posted on January 25, 2019 by ShadesOfKnife

 

State Of Punjab and Anr Vs Jalour Singh and Ors on 18 January, 2008

Citations : [2008 SCC CIV 1 669], [2008 SCC CRI 1 524], [2008 SCC L&S 1 535], [2008 AIR SC 1209], [2008 KLJ 1 887], [2008 AIC SC 64 262], [2008 JT 2 83], [2008 SCALE 2 52], [2008 RCR CIVIL 1 857], [2008 AIR SC 0 1196], [2009 TAC 1 819], [2008 ALLSCR 0 692], [2008 SCJ 2 95], [2008 SCC 3 660], [2008 TNMAC 1 244], [2008 KHC 2 89], [2008 AIOL 112], [2008 ARBLR SC 1 257], [2008 SCR 1 922], [2008 MLJ SC 5 311], [2008 AIR SCW 1196], [2008 KLT SC 2 236], [2008 ACJ SC 2874]

Other Sources :

https://indiankanoon.org/doc/483834/

https://www.casemine.com/judgement/in/5609ae95e4b0149711414361

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Landmark Case Reportable Judgement or Order State Of Punjab and Anr Vs Jalour Singh and Ors Work-In-Progress Article | Leave a comment

Sundeep Kumar Bafna Vs State Of Maharashtra and Anr on 27 March, 2014

Posted on January 25, 2019 by ShadesOfKnife

In this landmark judgment, a 2-judge Bench of Apex Court has held that a person can approach either High Court of a Sessions Court for a Regular bail under 439 CrPC, instead of exhausting the remedy of approaching the Magistrate Court.

Sundeep Kumar Bafna Vs State Of Maharashtra and Anr on 27 March, 2014

News about this judgment:

https://www.livelaw.in/courts-country-including-high-courts-extremely-careful-circumspect-concluding-judgment-supreme-court-per-incuriam-sc/

https://www.livelaw.in/bail-seekers-first-exhaust-sessions-court-remedy-approaching-high-court-sc-set-examine/

https://www.livelaw.in/accused-can-directly-approach-high-court-sessions-court-regular-bail-necessary-accused-apply-magistrate-first-sc/


Citations: [2014 AIOL 181], [2014 CRIMES SC 2 161], [2014 SCALE 4 215], [2014 BOMCR CRI SC 2 313], [2014 SUPREME 3 285], [2014 AIR SC 2115], [2014 SLT 3 540], [2014 RCR CRIMINAL SC 2 416], [2014 CRLJ SC 2245], [2014 JT 4 486], [2014 JCC SC 2 1264], [2014 AIR SC 1745], [2014 SCC 16 623], [2014 SCC ONLINE SC 257], [2014 KERLT 2 809], [2014 CRILJ 2245], [2014 NCC 1 570], [2015 NCC 1 798]

Other Source Links: https://indiankanoon.org/doc/102030495/ and https://www.casemine.com/judgement/in/5609af48e4b01497114160a8


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Bail Application High Court or Sessions Court Maintainable Landmark Case Legal Procedure Explained - Interpretation of Statutes Obiter Dicta Right to Bail Sundeep Kumar Bafna Vs State Of Maharashtra and Anr | Leave a comment

Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973

Posted on January 24, 2019 by ShadesOfKnife

This is the landmark judgment of Supreme Court, where in Hon’ble Justice Hans Raj Khanna has outlined the basic structure doctrine of the Constitution and that only those amendments which tend to affect the ‘basic structure of the Constitution’ are subject to judicial review.

Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973

Wikipedia : https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Kerala

Posted in Judicial Review | Tagged Article 368 - Power of Parliament to amend the Constitution and procedure therefor Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Minerva Mills Ltd. & Ors Vs Union Of India & Ors on 31 July, 1980

Posted on January 24, 2019 by ShadesOfKnife

In this landmark judgment from Apex Court, two sections of Article 368 of Constitution of India are struck down as being invalid and unconstitutional, as they are against the basic structure of Constitution.

Minerva Mills Ltd. & Ors Vs Union Of India & Ors on 31 July, 1980

Citation : 1980 AIR 1789, 1981 SCR (1) 206

Indiankanoon.org link : https://indiankanoon.org/doc/1939993/

Posted in Judicial Review | Tagged Amendment To Constitution of India Article 368 - Power of Parliament to amend the Constitution and procedure therefor Landmark Case Legal Procedure Explained - Interpretation of Statutes Minerva Mills Ltd. & Ors Vs Union Of India & Ors | Leave a comment

Perspective Publications (P) Ltd. & Anr Vs State of Maharashtra on 19 November, 1968

Posted on January 20, 2019 by ShadesOfKnife

 

Perspective Publications (P) Ltd. & Anr Vs State of Maharashtra on 19 November, 1968

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Imprisonment For Contempt Of Court IPC 499 - Defamation Landmark Case Perspective Publications (P) Ltd. and Anr Vs State of Maharashtra Work-In-Progress Article | Leave a comment

Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr on 16 September, 2008

Posted on January 1, 2019 by ShadesOfKnife

Following questions arise for consideration in this petition filed with Hon’ble Bombay High Court:

“Whether an order passed on an application made under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act”) is appelable under section 29 of the said Act?

Whether an appeal will lie under section 29 of the said Act against every order passed by the learned Magistrate in proceedings initiated on the basis of an application made under section 12 of the said Act?

What is the scope of an appeal under section 29 of the said Act?”

From Para 25,

Thus, the conclusions which can be summarised are as under:
(i) An appeal will lie under section 29 of the said Act against the final order passed by the learned Magistrate under sub-section 1 of section 12 of the said Act;

(ii) Under sub-section 2 of section 23 of the said Act, the learned Magistrate is empowered to grant an ex-parte ad-interim relief in terms of sections 18 to 22 of the said Act. The power under sub-section 1 is of granting interim relief in terms of sections 18 to 22 of the said Act. Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.

(iii) An appeal will also lie against orders passed under sub section 1 and sub section 2 of the section 23 of the said Act which are passed by the learned Magistrate. However, while dealing with an appeal against the order passed under section 23 of the said Act, the Appellate Court will usually not interfere with the exercise of discretion by the learned Magistrate. The appellate Court will interfere only if it is found that the discretion has been exercised arbitrarily, capriciously, perversely or if it is found that the Court has ignored settled principles of law regulating grant or refusal of interim relief.
(iv) An appeal under section 29 will not be maintainable against purely procedural orders which do not decide or determine the rights and liabilities of the parties.

Abhijit Bhikaseth Auti Vs State Of Maharashtra & Anr on 16 September, 2008

Citations: [2

Other Source links:

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr Expedite Order - Complete Trial Within Three Months Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 29 - Interim order U/s 23 Appealable U/s 29 Work-In-Progress Article | Leave a comment

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