The issuance of non-bailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, the courts have to be extremely careful before issuing non-bailable warrants.
A Magistrate may dismiss a complaint (a) if he finds that no offence has been committed upon the statement of the complainant; (b) if he distrust the statements by the complainant, and (c) if he finds that there is no sufficient ground for proceeding.
Triple Talaq – Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quoran. Personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution.
Criminal Procedure Code, 1973 – Summoning of an accused in a criminal case – At the time of passing order on point of cognizance and summoning, the Magistrate is expected to consider as to whether prima facie evidence for summoning the accused are available or not. But this consideration has to be after […]
ContentsVictimSection 376 I.P.C.Dalip Singh and others vs. State of Punjab, AIR 1953 SC 364Masalti and others vs. State of U.P., AIR 1965 SC 202Guli Chand and others vs. State of Rajasthan, (1974) 3 SCC 698Vadivelu Thevar vs. State of Madras, AIR 1975 SC 614Israr vs. State of U.P., 2205 (51) ACC 113Galivenkataiah vs. State of […]
ContentsContemnors“1. Whether Sri Pradhuman Kumar Srivastava, the President Bar Association, Jalaun at Orai along with his colleagues attacked on 20.11.2014 in the Court of Sri Manoj Kumar Shukla, Special Officer (Gangster Act)/Additional District & Sessions Judge, Court No. 03, Jalaun at Orai and he was man handled by these advocates?2. Whether the then District Judge […]
ContentsSection 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002K. Arockiyaraj Vs. Chief Judicial Magistrate, Srivilliputhur & Anr., 2013 (4) L.W. 485Arjun Urban Co-operative Bank Limited, Solapur Vs. Chief Judicial Magistrate, Solapur & Anr., 2009 (5) MLJ 380Ravindrakumar Prakash Bhargodev Vs. State of Maharashtra, 2008 (110) BOMLR 2880Mohd. […]
Contents* The first information report is delayed which is fatal for the prosecution case :-Amar Singh Vs. Balwinder Singh and others, 2003 Cri.L.J. 1282Tara Singh and others Vs. State of Punjab, AIR 1991 SC 63* The prosecution witnesses has not supported most of the prosecution version :-Prithi vs. State of Haryana, reported in (2010) 8 SCC 536Koli […]
ContentsSection 482 of Cr.P.C.Rajiv Modi Vs. Sanjay Jain and others, 2009 (66) ACC 643State of Bihar Vs. Murad Ali Khan and others, AIR 1989 SC 1Municipal Corporation of Delhi v. R.K. Rohtagi,  1 SCR 884Municipal Corporation of Delhi v. P.D. Jhunjunwala,  1 SCR 895 : AIR 1983 SC 158State of M.P. Vs. Awadh Kishore Gupta and […]
ContentsElection PetitionSection 81 of the Representation of People Act, 1951Section 5(1)(c) of the Indian Citizenship Act, 195587. Procedure before the High CourtOrder 6, Rule 16: Striking out pleadingsOrder 7, Rule 11. Rejection of Plaint83. Contents of petitionSamant N. Balakrishna Vs. George Fernandez, (1969) 3 SCC 238Udhav Singh Vs. Madhav Rao Sindhia, 1977 (1) SCC 511T. […]
Criminal Procedure Code, 1973 – […]
ContentsApplicant :- Om Prakash Shyamdasani And 3 OthersOpposite Party :- State Of U.P. And AnotherSonu Gupta Vs. Deepak Gupta (2015) 3 SCC 424Kanti Bhadra Shah Vs. State of West Bengal 2000 SCC (Crl.) 303State Vs. S. Bangarappa, 2001 (Criminal) 152State of M.P. vs. Dr. Krishna Chandra Saksena, (1996) 11 SCC 439Supdt. & Remembrancer of Legal […]
ContentsSection 21 N.D.P.S. Act1. Ashok Kumar Sharma Vs. State of Rajasthan, (2013) 2 SCC 672. State of Delhi Vs.Ram Avtar alias Rama, (2011) 12 SCC 2073. Myla Venkateswarlu Vs. State of Andhra Pradesh, (2012) 5 SCC 2264. Vijaysinh Chandubha Jadeja Vs. State of Gujrat, (2011) 1 SCC 6095. State of Orissa Vs. Sitansu Sekhar Kanungo, […]
ContentsSection 468, 506 IPC.G. Sagar Suri and another vs. State Of U.P. And others 2000 (2) SC 636)All Cargo Movers (I) Pvt. Ltd. vs. Dhanesh Badarmal Jain 2007 (12) SCC 391V.Y. Jose vs. State of Gujarat 2008 (16) Scale 167State of Madhya Pradesh vs. Awadh Kishore Gupta 2004 CriLJ 598Dhanalakshmi v. R. Prasanna Kumar (1990 […]
Penal Code, 1860 – S. 376(2)(g) – Rape on the prosecutrix leaves a scare on her soul but a false accusation of rape on a man also may leave a scar on his whole personality. # Rape HIGH COURT OF JUDICATURE AT ALLAHABAD Hon’ble Mrs. Ranjana Pandya,J. CRIMINAL APPEAL No. – 2717 of 2011 Appellant :- […]