Legal Articles Appellate Court Should Separately Hear Convict On Quantum Of Sentence When Acquittal Is Reversed : SC April 24, 2023 / April 24, 2023 by Sanjeev Sirohi | Leave a Comment In a major, meticulous, mandatory and most marvellous judgment titled Fedrick Cutinha v. State of Karnataka in Criminal Appeal No. 2251 of 2010 and cited in 2023 LiveLaw (SC) 326 that was pronounced as recently as on April 18, 2023, the Apex Court in the exercise of its criminal appellate jurisdiction set aside the conviction […] Read more » Appellate Court Should Separately Hear Convict On Quantum Of Sentence When Acquittal Is Reversed SC
Legal Articles Plain And Literal Interpretation Of Section 37 NDPS Act Would Make Bail Impossible: SC April 3, 2023 / April 3, 2023 by Sanjeev Sirohi | Leave a Comment While enlarging on bail an undertrial prisoner who was arrested seven years ago under the Narcotic Drugs and Psychotropic Substances Act, 1985 for his alleged involvement in peddling a prohibited substance, the Supreme Court in a most laudable, learned, landmark, logical and latest judgment titled […] Read more » Plain And Literal Interpretation Of Section 37 NDPS Act Would Make Bail Impossible Right To Property Is a Human Right: SC SC
Legal Articles When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted : SC March 27, 2023 / March 27, 2023 by Sanjeev Sirohi | Leave a Comment While not leaving even an iota of doubt on a very significant pertaining to presumption of innocence or involvement of the accused, the Supreme Court in a most learned, laudable, landmark and latest judgment titled Pradeep Kumar vs State of Chhattisgarh in Criminal Appeal No. 1304 of 2018 and cited in 2023 LiveLaw (SC) […] Read more » SC View Favouring Accused’s Innocence To Be Adopted : When Two Views Possible
Legal Articles Extra-Judicial Confession Is A Weak Piece Of Evidence, Independent Corroboration Needed : SC March 11, 2023 / March 10, 2023 by Sanjeev Sirohi | Leave a Comment While reiterating yet once again that extra-judicial confession is a weak piece of evidence, the Apex Court of India as recently as on March 3, 2023 in a learned, laudable, landmark and latest judgment titled Nikhil Chandra Mondal Vs State of West Bengal in Criminal […] Read more » SC
Legal Articles Mere Breach Of Contract Can’t Be Basis For Criminal Case For Cheating : SC March 6, 2023 by Sanjeev Sirohi | Leave a Comment While not leaving even a scintilla of doubt on a very significant legal point pertaining to criminal liability for a mere breach of contract, the Apex Court in a most learned, laudable, landmark, logical and latest judgment titled Sarabjit Kaur Vs The State of Punjab & Anr in Criminal Appeal […] Read more » Mere Breach Of Contract Can’t Be Basis For Criminal Case For Cheating SC
Legal Articles Cheque Cases Can Be Transferred From One State To Another Invoking Section 406 CrPC : SC February 24, 2023 by Sanjeev Sirohi | Leave a Comment While taking the final call on whether cheque cases can be transferred from one state to another, the Apex Court has in a most learned, laudable, landmark, logical and latest judgment titled Yogesh Upadhyay vs Atlanta Limited in Transfer Petition (Crl) Nos. 526-527 of 2022 and cited in 2023 LiveLaw (SC) 125 that was […] Read more » Cheque Cases Can Be Transferred From One State To Another Invoking Section 406 CrPC SC
Legal Articles S. 300 CrPC Bars The Trial Of A Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: SC February 3, 2023 / February 3, 2023 by Sanjeev Sirohi | Leave a Comment While laying aside all the looming layers of questions and lingering doubts that boggles one’s mind on the ambit of Section 300 of CrPC, the Apex Court has in a most […] Read more » S. 300 CrPC Bars The Trial Of A Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts SC
Legal Articles Section 300 CrPC Bars The Trial Of A Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: SC December 28, 2022 by Sanjeev Sirohi | Leave a Comment While reiterating the clear, correct and convincing legal position, the Apex Court has in a most learned, laudable, landmark and latest judgment titled TP Gopalakrishnan vs State of Kerala in Criminal Appeal Nos. 187-188 of 2017 and cited in 2022 LiveLaw (SC) 1039 […] Read more » SC Section 300 CrPC Bars The Trial Of A Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts
Legal Articles Police Officers Not Required To Do ‘Moral Policing’: SC December 21, 2022 by Sanjeev Sirohi | Leave a Comment While sending out a very strict, sensible and significant message, the Apex Court as recently as on December 16 has in an extremely learned, laudable, landmark, logical and latest judgment titled CISF and others vs Santosh Kumar Pandey in Civil Appeal No. 8671 of 2015 in exercise of its […] Read more » Police Officers Not Required To Do ‘Moral Policing’ SC
Legal Articles Anticipatory Bail Cannot Be Granted Merely Because Custodial Interrogation Is Not Required ; Court Should Consider Prima Facie Case: SC November 11, 2022 / November 15, 2022 by Sanjeev Sirohi | Leave a Comment While ruling on a very key point and clearing a serious misconception of law, the Apex Court in a learned judgment titled X vs Arun Kumar CK in Criminal Appeal No. 1834/2022 (@Petition for Special […] Read more » Custodial Interrogation Is Not Required SC