Tag: SC

Section 372 CrPC – Victim’s Right To Prefer Appeal Against Acquittal Absolute, Not Necessary To Obtain Special Leave: SC

January 31, 2022 / January 31, 2022 by Sanjeev Sirohi | Leave a Comment

That all the original accused were charged and tried for the offences punishable under Sections 147, 148, 324, 326, 307, 506(ii) r/w section 149 IPC. That the Chief Judicial Magistrate, Tiruchirapalli, by judgment dated 28.09.2012, convicted the accused under the aforesaid offences except Sections 307 and 506(ii) IPC and thereby acquitted the accused under Sections […]

Section 5 Limitation Act Cannot Be Invoked To Condone Delay Beyond Period Prescribed Under Section 34(3) Of Arbitration Act: SC

January 5, 2022 by Sanjeev Sirohi | Leave a Comment

While drawing the red lines most clearly, the Apex Court has as recently as on December 16, 2021 in a learned, laudable, landmark and latest judgment titled Mahindra and Mahindra Financial Services Ltd vs Maheshbhai Tinabhai Rathod & Ors in Civil Appeal No. 11477 of 2014 with Civil Appeal No. 11478 of 2014 in […]

Casual Reference Of Family Members Of Husband In FIR Not Enough To Prosecute: SC

January 4, 2022 by Sanjeev Sirohi | Leave a Comment

While overturning the Allahabad High Court’s judgment, the Supreme Court in a recent, refreshing, robust and rational judgment titled Mirza Iqbal @ Golu & Anr. vs State of Uttar Pradesh & Anr. in Criminal Appeal No. 1628 of 2021 in exercise of its criminal appellate jurisdiction delivered just […]

Section 397 IPC: Mere Exhibition, Brandishing Or Holding Weapon Openly By Offender To Threaten And Create Fear Or Apprehension In Mind Of Victim Is Sufficient: SC

December 27, 2021 by Sanjeev Sirohi | Leave a Comment

While not leaving even an iota of doubt in the mind of anyone, the Supreme Court in the fitness of things has minced just no words in a brief, brilliant, bold and balanced judgment titled Ram Ratan Vs State of Madhya Pradesh in Criminal Appeal No. 1333 of 2018 that was delivered finally on […]

Brandishing Or Holding Weapon Openly By Offender To Threaten And Create Fear Holding Weapon Openly By Offender To Threaten And Create Fear Or Apprehension In Mind Of Victim Is Sufficient SC Section 397 IPC

Case Against Chargesheeted Accused Cannot Be Quashed Merely Because Other Suspects Not Chargesheeted: SC

December 14, 2021 by Legal India Admin | Leave a Comment

It is truly worth mentioning right at the start that in a very significant development, the Apex Court has commendably in a recent, refreshing, robust and rational judgment titled M/S Suvarna Cooperative Bank Ltd. V. State of Karnataka and Another in Criminal Appeal Nos. 1535 of 2021 delivered as recently as on December 9, […]

Case Against Chargesheeted Accused Cannot Be Quashed Case Against Chargesheeted Accused Cannot Be Quashed Merely Because Other Suspects Not Chargesheeted SC

Section 427 CrPC – Concurrent Running Of Sentences Shall Not Be Allowed In Drug Trafficking Cases: SC

December 11, 2021 by Sanjeev Sirohi | Leave a Comment

It is worth paying attention that none other than the Apex Court has in a very rational, recent, remarkable and robust judgment titled Mohd Zahid vs State through NCB in Criminal Appeal No. 1457 of 2021 in exercise of its criminal appellate jurisdiction that was delivered as recently as on December 7, 2021 has […]

SC Section 427 CrPC – Concurrent Running Of Sentences Shall Not Be Allowed In Drug Trafficking Cases

Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: SC

December 3, 2021 by Sanjeev Sirohi | Leave a Comment

It is really good to see that in a learned, laudable, landmark and latest judgment titled Ashok vs The State of Madhya Pradesh in Special Leave to Appeal (Crl.) No(s). 643/2020 (Arising out of impugned final judgment and order dated 14-11-2017 in CRA No. 455/1999 passed by the High Court Of M.P. at Gwalior) that was […]

Claim Of Juvenility Can Be Raised Before Any Court SC

UAPA – Period Of Deprivation Of Personal Liberty Pending Trial Cannot Be Unduly Long: SC

December 2, 2021 by Sanjeev Sirohi | Leave a Comment

While granting bail to the accused, the Apex Court in a learned, laudable, landmark and latest judgment titled Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya vs National Investigation Agency in Criminal Appeal No(s). 1525 of 2021 (Arising out of SLP(Criminal) No(s). 6858 of 2021 delivered very recently […]

Period Of Deprivation Of Personal Liberty Pending Trial Cannot Be Unduly Long SC UAPA

Civil Court Cannot Declare Orders Passed Under Urban Land Ceiling Act As Illegal Or Non Est: SC

November 26, 2021 by Sanjeev Sirohi | Leave a Comment

It is worth paying attention that none other than the Apex Court has as recently as on November 22, 2021 in a learned, laudable, latest and landmark judgment titled State of MP vs Ghisilal in Civil Appeal No. 2153 of 2021 has minced no words to hold that the civil courts has no jurisdiction […]

Civil Court Cannot Declare Orders Passed Under Urban Land Ceiling Act As Illegal Or Non Est SC

Atrocities Against SC-STs Not A Thing Of Past: SC

November 12, 2021 by Sanjeev Sirohi | Leave a Comment

In a candid admission of the prevailing unpalatable ground reality, the Apex Court has as recently as on October 29, 2021 in a learned, laudable, landmark and latest judgment titled Hariram Bhambhi vs Satyanarayan & Anr. in Criminal Appeal No. 1278 of 2021 has held in no uncertain terms that, “Atrocities against members of […]

Atrocities Against SC-STs Atrocities Against SC-STs Not A Thing Of Past SC supreme court on Atrocities Against SC-STs